Preview
FILED: NEW YORK COUNTY CLERK 09/19/2018 10:30 AM INDEX NO. 150298/2017
NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 09/19/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
------------ ________.---X
M1LKY WAY II LLC,
Index No.: 150298/2017
Plaintiff,
AFFIDAVIT OF
-against- MILKY WAY II LLC
YOCASTA A ORTIZ,
Defendant.
._____________________. ______.---------- - -X
STATE OF NEW YORK )
) ss.:
COUNTY OF NEW YORK )
YONEL DEVICO, being duly swom, deposes and says:
1. I am an Officer of MILKY WAY II LLC, the Plaintiff in the above titled action, and as such I am
fully familiar with the facts and circumstances of this matter from my review of the file in my
possession. I am also a custodian of the records maintained by the Plaintiff.
2. This action is brought to recover upon a certain secured promissory note, executed,
acknowledged and delivered by the Defendant to Geneva Mortgage Corp. on or about September
22, 2006, in the original principal amount of $93,015.00 (the "Note"). See note and allonges
annexed to the Application for Judgment at Exhibit C, currently on filewith this Court. This
action is based solely upon the Note, i.e. an instrument for the payment of money only.
3. MILKY WAY II LLC (hereinafter the "Plaintiff") is a foreign limited liability company,
authorized to do hn smecs In the State of New which maintaiñêd an office at the
York,
commcñcemcñt of this action m New York County, in the State of New York.
4. Upon infonnation and belief, the Defendant, YOCASTA A.ORTIZ, is a natural person who
resides at 1 Leighton Avenue, .Apt 1. Yonkers, NY 10705.
.
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5. This Affidavit is submitted in support of the within Application for Judgrhent pursuant to CPLR
§ 3215, granting the Plaintiff a default judgment as against the Defendant, YOCASTA A ORT1Z
(hereinafter the "Defendant"), for the said Defendant's failure to appear of otherwise interpose a
response to the pleadings of the within action.
6. On or about January 8, 2017, this action was comiêñced by filing a Summons with Notice with
the Court. Annexed to the Application for Default Judgment (currently on filewith this Court) as
"A"
Exhibit is copy of the Surnmons with Notice, dated January 8, 2.017.
7. On or about January 16, 2017, the Defendant was served with, inter alia, the above-mentioned
Summons with Notice. The Defendant was served at the place of the Defendant's last known
residence on a person of suitable age and discretion to accept service. The Summons with Notice
was also mailed via First Class mailing with the United States Postal Service to the Defendant's
last known residence on January 16, 2017. Annexed to the Application for Default Judgment as.
"B"
Exhibits is a copy of the Affidavit of Service, dated January 18, 2017.
8. This action was commcñced due to the Defendant's breach of contract and for the debt owed
under a promissory Note, currently held by the Plaintiff.
9. Specifically, on or about September 22, 20063 the Defeñdâñt, as the borrower, executed a Note
with a principal amount of $93,015.00 with Geneva Mortgage Corp., as the lender. Attaciled
"C"
hereto as Exhibit is a copy of the Note, dated September 22, 2006. The Note was secured
by a mortgage on the property known as 31-34 90th Street,.Jackson Heights, New York 11369.
Subsequently, ownership of the note was transferred to Trinity Financial Services, LLC by
allonge; then to RCS Recovery Services, LLC by execution of an allonge; and final and current
ownership was transferred by allonge to the Plaintiff, Milky Way II,LLC. Annexed to the
"C"
Application for Default Judgment as Exhibit is a copy of the Note, dated August 21, 2006,
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FILED: NEW YORK COUNTY CLERK 09/19/2018 10:30 AM INDEX NO. 150298/2017
NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 09/19/2018
and the allonges. The Note was secured by a mortgage on the property known as 14 14icks Street,
.. Amityville, New York 11701.
10. The terms of this Note specified that that the Defendant was to pay back the principal plus a
yearly interest rate of 13.375% on theunpaid principal. See Exhibit "C".
11. Following the initial execution of the Note, the Note was transferred and is currently held by the
Plaintiff. See Annexed to the Application for Default Judgment as Exhibit "C".
12. Plaintiff possesses the original documents and was in possession of the same on the day of
commencement of this action.
13. I have provided to Plaintiff's Counsel, who has annexed to the Application for Default Judgment
at Exhibit "C". I made said copies myself, and compared them to the originals. I found them to
be fair and accurate copies. The documeñts themselves are kept in the normal course of our
business, incorporated into our records, and relied upon for the purposes of collection.
14. The Defendant has not made a payment due under the contractual obligations of the Note since
February 1, 2008, and thus in default.
15. At the time of the commanhament of this action, the Defendant was in default for the sum of
$207,200.86. This sum amounts to the current balance due owed under the terms of the Note for
$94,448.48, contractual late fees in the amount of $2,218.15, plus the interest that has accrued on
the unpaid principal at the stated interest rate, which currently equals $110,534.24.
16. The amount of the Defendant's is exclusive of the costs associated with bringing this action,
which currently total $275.00, said amount reflecting the costs for the filing fee that commenced
this action and the costs of the disburscmcat to the process server. Annexed to the Application
"D" "E"
for Default Judgment as Exhibits and are copies are copies, respectively, of the
.payment receipt obtaiñcd from NYSCEF dated January 10, 2017 in the amount of $210.00, and
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FILED: NEW YORK COUNTY CLERK 09/19/2018 10:30 AM INDEX NO. 150298/2017
NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 09/19/2018
the payment receipt from the process server used in this action, dated Jañüãry 20, 2017 in the
amount of $65.00.
17. Accordingly, the Plaintiff is entitled to the sum of $207,475.86 for the Defendant's default on the
obligations under the Note executed on September 22, 2006, which is curreñtly held by the
Phintiff said sum the costs associated with the commencement ofthis action.
including
18. Defendant has raised no defense to this motion and no gêñüiñe material issue of fact exists.
WHEREFORE, it is respectfully requested that a default judgment be entered as
against the Defendant, YOCASTA A ORTIZ, in the amount of $207,475.86, inclusive of costs,
pursuant to CPLR § 3215, for the Defendarit's failure to appear or otherwise respond to the
pleadiñgs of this action; and for such other and further relief as this Court deems just and proper.
YONEL DLWICO
Officer, Mi ay II LLC
Sw rn to befor me this
day of , 2018
t
Notary Public
RAULCHAVARRIA
MYCOMMISSION# FF96223i
March6,2020
EXPIkES.
4 of 4
Preview
FILED: NEW YORK COUNTY CLERK 09/19/2018 10:30 AM INDEX NO. 150298/2017 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 09/19/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ------------ ________.---X M1LKY WAY II LLC, Index No.: 150298/2017 Plaintiff, AFFIDAVIT OF -against- MILKY WAY II LLC YOCASTA A ORTIZ, Defendant. ._____________________. ______.---------- - -X STATE OF NEW YORK ) ) ss.: COUNTY OF NEW YORK ) YONEL DEVICO, being duly swom, deposes and says: 1. I am an Officer of MILKY WAY II LLC, the Plaintiff in the above titled action, and as such I am fully familiar with the facts and circumstances of this matter from my review of the file in my possession. I am also a custodian of the records maintained by the Plaintiff. 2. This action is brought to recover upon a certain secured promissory note, executed, acknowledged and delivered by the Defendant to Geneva Mortgage Corp. on or about September 22, 2006, in the original principal amount of $93,015.00 (the "Note"). See note and allonges annexed to the Application for Judgment at Exhibit C, currently on filewith this Court. This action is based solely upon the Note, i.e. an instrument for the payment of money only. 3. MILKY WAY II LLC (hereinafter the "Plaintiff") is a foreign limited liability company, authorized to do hn smecs In the State of New which maintaiñêd an office at the York, commcñcemcñt of this action m New York County, in the State of New York. 4. Upon infonnation and belief, the Defendant, YOCASTA A.ORTIZ, is a natural person who resides at 1 Leighton Avenue, .Apt 1. Yonkers, NY 10705. . 1 of 4 FILED: NEW YORK COUNTY CLERK 09/19/2018 10:30 AM INDEX NO. 150298/2017 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 09/19/2018 5. This Affidavit is submitted in support of the within Application for Judgrhent pursuant to CPLR § 3215, granting the Plaintiff a default judgment as against the Defendant, YOCASTA A ORT1Z (hereinafter the "Defendant"), for the said Defendant's failure to appear of otherwise interpose a response to the pleadings of the within action. 6. On or about January 8, 2017, this action was comiêñced by filing a Summons with Notice with the Court. Annexed to the Application for Default Judgment (currently on filewith this Court) as "A" Exhibit is copy of the Surnmons with Notice, dated January 8, 2.017. 7. On or about January 16, 2017, the Defendant was served with, inter alia, the above-mentioned Summons with Notice. The Defendant was served at the place of the Defendant's last known residence on a person of suitable age and discretion to accept service. The Summons with Notice was also mailed via First Class mailing with the United States Postal Service to the Defendant's last known residence on January 16, 2017. Annexed to the Application for Default Judgment as. "B" Exhibits is a copy of the Affidavit of Service, dated January 18, 2017. 8. This action was commcñced due to the Defendant's breach of contract and for the debt owed under a promissory Note, currently held by the Plaintiff. 9. Specifically, on or about September 22, 20063 the Defeñdâñt, as the borrower, executed a Note with a principal amount of $93,015.00 with Geneva Mortgage Corp., as the lender. Attaciled "C" hereto as Exhibit is a copy of the Note, dated September 22, 2006. The Note was secured by a mortgage on the property known as 31-34 90th Street,.Jackson Heights, New York 11369. Subsequently, ownership of the note was transferred to Trinity Financial Services, LLC by allonge; then to RCS Recovery Services, LLC by execution of an allonge; and final and current ownership was transferred by allonge to the Plaintiff, Milky Way II,LLC. Annexed to the "C" Application for Default Judgment as Exhibit is a copy of the Note, dated August 21, 2006, 2 of 4 FILED: NEW YORK COUNTY CLERK 09/19/2018 10:30 AM INDEX NO. 150298/2017 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 09/19/2018 and the allonges. The Note was secured by a mortgage on the property known as 14 14icks Street, .. Amityville, New York 11701. 10. The terms of this Note specified that that the Defendant was to pay back the principal plus a yearly interest rate of 13.375% on theunpaid principal. See Exhibit "C". 11. Following the initial execution of the Note, the Note was transferred and is currently held by the Plaintiff. See Annexed to the Application for Default Judgment as Exhibit "C". 12. Plaintiff possesses the original documents and was in possession of the same on the day of commencement of this action. 13. I have provided to Plaintiff's Counsel, who has annexed to the Application for Default Judgment at Exhibit "C". I made said copies myself, and compared them to the originals. I found them to be fair and accurate copies. The documeñts themselves are kept in the normal course of our business, incorporated into our records, and relied upon for the purposes of collection. 14. The Defendant has not made a payment due under the contractual obligations of the Note since February 1, 2008, and thus in default. 15. At the time of the commanhament of this action, the Defendant was in default for the sum of $207,200.86. This sum amounts to the current balance due owed under the terms of the Note for $94,448.48, contractual late fees in the amount of $2,218.15, plus the interest that has accrued on the unpaid principal at the stated interest rate, which currently equals $110,534.24. 16. The amount of the Defendant's is exclusive of the costs associated with bringing this action, which currently total $275.00, said amount reflecting the costs for the filing fee that commenced this action and the costs of the disburscmcat to the process server. Annexed to the Application "D" "E" for Default Judgment as Exhibits and are copies are copies, respectively, of the .payment receipt obtaiñcd from NYSCEF dated January 10, 2017 in the amount of $210.00, and 3 of 4 FILED: NEW YORK COUNTY CLERK 09/19/2018 10:30 AM INDEX NO. 150298/2017 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 09/19/2018 the payment receipt from the process server used in this action, dated Jañüãry 20, 2017 in the amount of $65.00. 17. Accordingly, the Plaintiff is entitled to the sum of $207,475.86 for the Defendant's default on the obligations under the Note executed on September 22, 2006, which is curreñtly held by the Phintiff said sum the costs associated with the commencement ofthis action. including 18. Defendant has raised no defense to this motion and no gêñüiñe material issue of fact exists. WHEREFORE, it is respectfully requested that a default judgment be entered as against the Defendant, YOCASTA A ORTIZ, in the amount of $207,475.86, inclusive of costs, pursuant to CPLR § 3215, for the Defendarit's failure to appear or otherwise respond to the pleadiñgs of this action; and for such other and further relief as this Court deems just and proper. YONEL DLWICO Officer, Mi ay II LLC Sw rn to befor me this day of , 2018 t Notary Public RAULCHAVARRIA MYCOMMISSION# FF96223i March6,2020 EXPIkES. 4 of 4