Preview
FILED: ERIE COUNTY CLERK 04/23/2018 03:50 PM INDEX NO. 806358/2018
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/23/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ERIE
-------------------------------------------------------------- Plaintiff designates ERIE as the
County
CAPITAL ONE BANK (USA), N.A. place of trial;the defendant resides in
ERIE County
PLAINTIFF,
INDEX NUMBER:
-AGAINST- PURCHASE DATE:
S&S FILE NO. N426180
DONALD R BRENNAN
DEFENDANT. SUMMONS
______________________________________________________________ Plaintiffs address: 4851 COX ROAD
GLEN ALLEN, VA 23060
The Basis of the Venue Is Defendant's
Residence
CONSUMER CREDIT TRANSACTION
TO THE ABOVE NAMED DEFENDANT(S):
YOU ARE HEREBY SUMMONED to answer the complaint in thisaction and to serve
a copy of your answer, or, ifthe complaint isnot served with this summons, to serve a notice of
appearance, on the plaintiffs attorney within 20 days after the service of this summons, exclusive of the
day of service (or within 30 days after the service is complete ifthis summons isnot personally delivered to
you within the state of New York); and incase of your failure to appear or answer, judgment willbe taken
against you by default for the reliefdemanded in the complaint, together with the costs of thisaction.
Dated: April 20, 2018
Selip & Stylianou, LLP
Attorneys for plaintiff
P.O. Box 9004, 199 Crossways Park Dr., Woodbury, NY 11797-9004
(516) 364-6006; (866) 848-8975 ext. 8991; Refer to S&S FileNo. N426180
C>
Defendant to be served: DONALD R BRENNAN, 100 JACKSON AVE, BUFFALO NY 14212
This communication is from a debt collector and is an attempt to collect a debt. Any information
obtained will be used for that purpose.
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FILED: ERIE COUNTY CLERK 04/23/2018 03:50 PM INDEX NO. 806358/2018
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/23/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ERIE
----------------------------------------------------------X
CAPITAL ONE BANK (USA), N.A.
PLAINTIFF, INDEX NUMBER
-AGAINST- S&S FILE NO. N426180
DONALD R BRENNAN
COMPLAINT
DEFENDANT(S).
----------------------------------------------------------X
Plaintiff,by its attorneys, complaining of the defendant(s), respectfully alleges that:
1. Plaintiff is a national banking association organized pursuant to federal law.
2. Upon information and belief,the defendant(s) resides or has an office in the county in
which this action isbrought, or the defendant(s) transacted business within the county in which thisaction
isbrought, either in person or through an agent and the instantcause of action arose out of said transaction.
3. Based upon a reasonable inquiry, the Statute of Limitations for the causes of action
asserted herein has not expired.
FACTS
4. Plaintiff offered to open a credit account, account no. XXXX-XXXX-XXXX-0136
"Account"
(hereinafter the "Account"), in Defendant's name, subject to the terms and conditions provided, or made
"Agreement"
available in electronic format, to the Defendant (the "Agreement").
5. Defendant accepted the offer by using the Account.
6. Defendant breached the terms of the Agreement by failing to make the agreed-upon
payments when due. The Defendant's lastpayment was received on or about October 27, 2016 in the
amount of $99.00.
7. Demand for payment of the Account was made on Defendant, but Defendant failed to
make allthe required payments. The balance currently due and owing is $1,570.45.
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FILED: ERIE COUNTY CLERK 04/23/2018 03:50 PM INDEX NO. 806358/2018
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/23/2018
AS AND FOR A FIRST CAUSE OF ACTION
8. Plaintiff repeats and realleges each and every allegation contained in the foregoing
paragraphs as ifmore fullyset forth herein.
9. That upon information and belief,Plaintiff rendered to Defendant a full and trueaccount
of the indebtedness owing by the Defendant as a result of nonpayment of the Account, which statement was
delivered to and accepted without objection by the Defendant, resulting in an account stated in the sum of
$1,570.45, no part of which has been paid despite due demand therefor.
10. After crediting Defendant for allpayments and credits,there isnow due and owing by
Defendant to Plaintiffthe sum of $1,570.45, no part of which has been paid despite due demand therefor.
AS AND FOR A SECOND CAUSE OF ACTION
11. Plaintiff repeats and realleges each and every allegation contained in the foregoing
paragraphs as ifmore fullyset forth herein.
12. As a result of Defendant's breach of the Agreement, and aftercrediting Defendant for all
payments and credits,there isnow due and owing by Defendant to Plaintiffthe sum of $1,570.45, no part
of which has been paid despite due demand therefor.
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FILED: ERIE COUNTY CLERK 04/23/2018 03:50 PM INDEX NO. 806358/2018
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/23/2018
WHEREFORE, Plaintiffdemands judgment against Defendant(s) in the amount of $1,570.45
together with disbursements. Plaintiffexpressly disclaims any rightto attorney fees that itmay have.
The undersigned attorney hereby certifies that,to the best of his/her knowledge, information, and
belief,formed after an inquiry reasonable under the circumstances, the presentation of the within complaint
and the contentions therein are not frivolous as defined in part 130-1.1(c) of the rules of the Chief
Administrator.
Dated: APRIL 20, 2018 YOURS, ETC.
By:
DAVID COHEN ESQ.
Selip & Stylianou, LLP, Attorneys for Plaintiff
199 Crossways Park Dr., Woodbury, NY 11797-9004
(516) 686-8991; (866) 848-8975 ext. 8991;
SkS File No. N426180
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Preview
FILED: ERIE COUNTY CLERK 04/23/2018 03:50 PM INDEX NO. 806358/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/23/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ERIE -------------------------------------------------------------- Plaintiff designates ERIE as the County CAPITAL ONE BANK (USA), N.A. place of trial;the defendant resides in ERIE County PLAINTIFF, INDEX NUMBER: -AGAINST- PURCHASE DATE: S&S FILE NO. N426180 DONALD R BRENNAN DEFENDANT. SUMMONS ______________________________________________________________ Plaintiffs address: 4851 COX ROAD GLEN ALLEN, VA 23060 The Basis of the Venue Is Defendant's Residence CONSUMER CREDIT TRANSACTION TO THE ABOVE NAMED DEFENDANT(S): YOU ARE HEREBY SUMMONED to answer the complaint in thisaction and to serve a copy of your answer, or, ifthe complaint isnot served with this summons, to serve a notice of appearance, on the plaintiffs attorney within 20 days after the service of this summons, exclusive of the day of service (or within 30 days after the service is complete ifthis summons isnot personally delivered to you within the state of New York); and incase of your failure to appear or answer, judgment willbe taken against you by default for the reliefdemanded in the complaint, together with the costs of thisaction. Dated: April 20, 2018 Selip & Stylianou, LLP Attorneys for plaintiff P.O. Box 9004, 199 Crossways Park Dr., Woodbury, NY 11797-9004 (516) 364-6006; (866) 848-8975 ext. 8991; Refer to S&S FileNo. N426180 C> Defendant to be served: DONALD R BRENNAN, 100 JACKSON AVE, BUFFALO NY 14212 This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. == IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII llIIllIlIllIlIllllIIllIlIIlIIIIIIIIIIIIIIIIIIIIllIIIlllIIlllIlIllllIlIlIlIllIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 1 of 4 FILED: ERIE COUNTY CLERK 04/23/2018 03:50 PM INDEX NO. 806358/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/23/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ERIE ----------------------------------------------------------X CAPITAL ONE BANK (USA), N.A. PLAINTIFF, INDEX NUMBER -AGAINST- S&S FILE NO. N426180 DONALD R BRENNAN COMPLAINT DEFENDANT(S). ----------------------------------------------------------X Plaintiff,by its attorneys, complaining of the defendant(s), respectfully alleges that: 1. Plaintiff is a national banking association organized pursuant to federal law. 2. Upon information and belief,the defendant(s) resides or has an office in the county in which this action isbrought, or the defendant(s) transacted business within the county in which thisaction isbrought, either in person or through an agent and the instantcause of action arose out of said transaction. 3. Based upon a reasonable inquiry, the Statute of Limitations for the causes of action asserted herein has not expired. FACTS 4. Plaintiff offered to open a credit account, account no. XXXX-XXXX-XXXX-0136 "Account" (hereinafter the "Account"), in Defendant's name, subject to the terms and conditions provided, or made "Agreement" available in electronic format, to the Defendant (the "Agreement"). 5. Defendant accepted the offer by using the Account. 6. Defendant breached the terms of the Agreement by failing to make the agreed-upon payments when due. The Defendant's lastpayment was received on or about October 27, 2016 in the amount of $99.00. 7. Demand for payment of the Account was made on Defendant, but Defendant failed to make allthe required payments. The balance currently due and owing is $1,570.45. 2 of 4 FILED: ERIE COUNTY CLERK 04/23/2018 03:50 PM INDEX NO. 806358/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/23/2018 AS AND FOR A FIRST CAUSE OF ACTION 8. Plaintiff repeats and realleges each and every allegation contained in the foregoing paragraphs as ifmore fullyset forth herein. 9. That upon information and belief,Plaintiff rendered to Defendant a full and trueaccount of the indebtedness owing by the Defendant as a result of nonpayment of the Account, which statement was delivered to and accepted without objection by the Defendant, resulting in an account stated in the sum of $1,570.45, no part of which has been paid despite due demand therefor. 10. After crediting Defendant for allpayments and credits,there isnow due and owing by Defendant to Plaintiffthe sum of $1,570.45, no part of which has been paid despite due demand therefor. AS AND FOR A SECOND CAUSE OF ACTION 11. Plaintiff repeats and realleges each and every allegation contained in the foregoing paragraphs as ifmore fullyset forth herein. 12. As a result of Defendant's breach of the Agreement, and aftercrediting Defendant for all payments and credits,there isnow due and owing by Defendant to Plaintiffthe sum of $1,570.45, no part of which has been paid despite due demand therefor. 3 of 4 FILED: ERIE COUNTY CLERK 04/23/2018 03:50 PM INDEX NO. 806358/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/23/2018 WHEREFORE, Plaintiffdemands judgment against Defendant(s) in the amount of $1,570.45 together with disbursements. Plaintiffexpressly disclaims any rightto attorney fees that itmay have. The undersigned attorney hereby certifies that,to the best of his/her knowledge, information, and belief,formed after an inquiry reasonable under the circumstances, the presentation of the within complaint and the contentions therein are not frivolous as defined in part 130-1.1(c) of the rules of the Chief Administrator. Dated: APRIL 20, 2018 YOURS, ETC. By: DAVID COHEN ESQ. Selip & Stylianou, LLP, Attorneys for Plaintiff 199 Crossways Park Dr., Woodbury, NY 11797-9004 (516) 686-8991; (866) 848-8975 ext. 8991; SkS File No. N426180 4 of 4