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  • Capital One Bank (Usa), N.A. v. Jennifer A Ostrowski Other Matters - Consumer Credit (Card) Original Creditor Plaintiff document preview
						
                                

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FILED: ERIE COUNTY CLERK 10/24/2018 02:20 PM INDEX NO. 803317/2018 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 10/24/2018 Our File No. 1217393 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ERIE ----------------------------------------x CAPITAL ONE BANK (USA), N.A. Plaintiff, AFFIRMATION -against- Index No. 803317/2018 JENNIFER A OSTROWSKI Defendant. ----------------------------------------x IAN CHILDS, an attorney at law duly admitted to practice in the State of New York, an associate of the firm of RUBIN & ROTHMAN, LLC, attorneys of record for plaintiff, hereby affirms the following to be true under penalty of perjury: 1. This is a motion by plaintiff to vacate a judgment heretofore entered against defendant, on default and for an order discontinuing the within action. 2. The aforesaid judgment (exhibit "A") was entered on September 17, 2018. It was thereafter learned that the defendant, filed a Chapter 7 petition in bankruptcy (exhibit "B"). 3. It is requested therefore that judgment be vacated and that the action be discontinued, for all of which no previous application has been made. Dated: Islandia, New York October 18, 2018 IÃN CHILDS 1 of 1