On May 11, 2018 a
Motion-Secondary
was filed
involving a dispute between
American Express National Bank,
and
Hungsup Hwang , Individually And D B A Mels Noble And Mels Noble,
for Other Matters - Consumer Credit (Card) Original Creditor Plaintiff
in the District Court of New York County.
Preview
FILED: NEW YORK COUNTY CLERK 10/05/2018 12:28 PM INDEX NO. 155037/2018
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 10/05/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
AMERICAN EXPRESS NATIONAL BANK
Index No.: 155037/2018
Plaintiff,
-against- AFFIRMATION IN SUPPORT OF
PLAINTIFF'S MOTION FOR DEFAULT
HUNGSUP HWANG, individually JUDGMENT
and d/b/a MELS NOBLE
and MELS NOBLE,
Defendants.
I,Bcñjamiñ Marashlian, Esq, duly affirm that the following istrue under the penalties of perjury:
1. I am an attorney admitted to practice law in the State of New York and am an Attorney with
American Express. As such, I am fullyfamiliar with the facts and circumstaces underlying this action.
Express'
2. I make this affirmation in support of American motion for judgment by default pursuant
to CPLR § 3215.
3. Americañ Express waives second and thirdcauses of action, seceüüt stated and unjust enrichment,
attorneys'
itsclaim for fees, with prejudice and for unjust enrichment, with prejudice.
4. The above-entitled action was commenced by service of the summons and complaint upon the
defendants, Hungsup Hwang, individually ("Hwang") and d/b/a MELS NOBLE and MELS NOBLE on
July 23, 2018 by delivering thereat a copy of each to a co-resident of the defendant at the entrance door of
1484 3rd Avenue, New York, New York 10028, defendant's place of residence within the state,and
mailing same to Hwang at his/her place of residence and place of business The Summons and Complaint
were also mailed by first class mail to the above address. A copy of the Su ..::sand Complaint and of
"1" "2"
the Affidavits of Service are simultseously filed as Exhibit and Exhibit respectively.
5. The deadline for Hwang and d/b/a MELS NOBLE and MELS NOBLE's to answer or otherwise
respond to the Summons and Complaint has expired.
6. Hwang and d/b/a MELS NOBLE and MELS NOBLE's time to move or otherwise respond to the
Summons and Complaint has not been enended.
7. Hwang and d/b/a MELS NOBLE and MELS NOBLE defaulted by failing to timely move or
respond to the Summons and Complaint.
1 of 2
FILED: NEW YORK COUNTY CLERK 10/05/2018 12:28 PM INDEX NO. 155037/2018
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 10/05/2018
8. In additics, pursuant to CPLR 3215(g)(3), an additional copy of the Summons
Hwang and d/b/a MELS NOBLE and MELS NOBLE on September 6, 2018. A copy
additional mailing is simultaneously filed as Exhibit "3".
9. As of the date of this affirmation, Hwang and d/b/a MELS NOBLE and MELS
failed to move or respond to the Summons and Complaint.
10. At the time of service of the Summons and Complaint, Hwang was not and is
service with any branch of the military service of the United States or of the State of N
of the report of non-military service is simultaneously filed as Exhibit "4".
11. As set forth in the accompanying Affidavit of Facts By Original Creditor for D
copy of which is simultaneously filed as Exhibit "5", plaintiff is entitled to a judgméñt
d/b/a MELS NOBLE and MELS NOBLE in the sum of $75031.99, consisting of the a
owing by Hwang and d/b/a MELS NOBLE and MELS NOBLE to American Express,
and further relief as the Court deems just and proper.
AM AN EXPRES
Dated: °\
__Anth ny J. gfiacci ,
_Jos a J Kn , Esq.
e amin ashlian, E
Staff ttorne for the Plainti
American Ex ress National
Successor by merger to
F
American Express Bank,
Please send all corresponde
American Express Leg
P.O. Box 119
2 of 2
Document Filed Date
October 05, 2018
Case Filing Date
May 11, 2018
Category
Other Matters - Consumer Credit (Card) Original Creditor Plaintiff
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FILED: NEW YORK COUNTY CLERK 10/05/2018 12:28 PM INDEX NO. 155037/2018 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 10/05/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK AMERICAN EXPRESS NATIONAL BANK Index No.: 155037/2018 Plaintiff, -against- AFFIRMATION IN SUPPORT OF PLAINTIFF'S MOTION FOR DEFAULT HUNGSUP HWANG, individually JUDGMENT and d/b/a MELS NOBLE and MELS NOBLE, Defendants. I,Bcñjamiñ Marashlian, Esq, duly affirm that the following istrue under the penalties of perjury: 1. I am an attorney admitted to practice law in the State of New York and am an Attorney with American Express. As such, I am fullyfamiliar with the facts and circumstaces underlying this action. Express' 2. I make this affirmation in support of American motion for judgment by default pursuant to CPLR § 3215. 3. Americañ Express waives second and thirdcauses of action, seceüüt stated and unjust enrichment, attorneys' itsclaim for fees, with prejudice and for unjust enrichment, with prejudice. 4. The above-entitled action was commenced by service of the summons and complaint upon the defendants, Hungsup Hwang, individually ("Hwang") and d/b/a MELS NOBLE and MELS NOBLE on July 23, 2018 by delivering thereat a copy of each to a co-resident of the defendant at the entrance door of 1484 3rd Avenue, New York, New York 10028, defendant's place of residence within the state,and mailing same to Hwang at his/her place of residence and place of business The Summons and Complaint were also mailed by first class mail to the above address. A copy of the Su ..::sand Complaint and of "1" "2" the Affidavits of Service are simultseously filed as Exhibit and Exhibit respectively. 5. The deadline for Hwang and d/b/a MELS NOBLE and MELS NOBLE's to answer or otherwise respond to the Summons and Complaint has expired. 6. Hwang and d/b/a MELS NOBLE and MELS NOBLE's time to move or otherwise respond to the Summons and Complaint has not been enended. 7. Hwang and d/b/a MELS NOBLE and MELS NOBLE defaulted by failing to timely move or respond to the Summons and Complaint. 1 of 2 FILED: NEW YORK COUNTY CLERK 10/05/2018 12:28 PM INDEX NO. 155037/2018 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 10/05/2018 8. In additics, pursuant to CPLR 3215(g)(3), an additional copy of the Summons Hwang and d/b/a MELS NOBLE and MELS NOBLE on September 6, 2018. A copy additional mailing is simultaneously filed as Exhibit "3". 9. As of the date of this affirmation, Hwang and d/b/a MELS NOBLE and MELS failed to move or respond to the Summons and Complaint. 10. At the time of service of the Summons and Complaint, Hwang was not and is service with any branch of the military service of the United States or of the State of N of the report of non-military service is simultaneously filed as Exhibit "4". 11. As set forth in the accompanying Affidavit of Facts By Original Creditor for D copy of which is simultaneously filed as Exhibit "5", plaintiff is entitled to a judgméñt d/b/a MELS NOBLE and MELS NOBLE in the sum of $75031.99, consisting of the a owing by Hwang and d/b/a MELS NOBLE and MELS NOBLE to American Express, and further relief as the Court deems just and proper. AM AN EXPRES Dated: °\ __Anth ny J. gfiacci , _Jos a J Kn , Esq. e amin ashlian, E Staff ttorne for the Plainti American Ex ress National Successor by merger to F American Express Bank, Please send all corresponde American Express Leg P.O. Box 119 2 of 2