FILED: MONROE COUNTY CLERK 05/03/2023 12:41 PM
`NYSCEF DOC. NO. 1
`MONROE COUNTY CLERK’S OFFICE
`
`RECEIVED NYSCEF: 05/03/2023
`THIS IS NOT A BILL. THIS IS YOUR RECEIPT.
`
`INDEX NO. E2023004659
`
`Receipt # 3419224
`
`Book Page CIVIL
`
`No. Pages: 18
`
`Instrument: EFILING INDEX NUMBER
`
`Control #:
`Index #:
`
`202305030897
`E2023004659
`
`Date: 05/03/2023
`
`Time: 12:53:48 PM
`
`Return To:
`CHRISTOPHER P. LANGLOIS
`20 Corporate Woods
`Albany, NY 12211
`
` Cavalry SPV I, LLC
`
` Palmer, Labridgette M
`
` State Fee Index Number
` County Fee Index Number
` State Fee Cultural Education
` State Fee Records
`Management
`
`Total Fees Paid:
`
`$165.00
`$26.00
`$14.25
`$4.75
`
`$210.00
`
`Employee: CW
`
`State of New York
`
`MONROE COUNTY CLERK’S OFFICE
`WARNING – THIS SHEET CONSTITUTES THE CLERKS
`ENDORSEMENT, REQUIRED BY SECTION 317-a(5) &
`SECTION 319 OF THE REAL PROPERTY LAW OF THE
`STATE OF NEW YORK. DO NOT DETACH OR REMOVE.
`
`JAMIE ROMEO
`
`MONROE COUNTY CLERK
`
`1 of 18
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`05/03/2023 12:53:48 PM
`202305030897
`CIVIL202305030897
`Cl 202805030897 &2023004659
`INDEX NO. E2023004659
`FILED: MONROE COUNTY CLERK 05/03/2023 12:41 PM
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`
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`
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`NYSCEF DOC. NO.
`1
`RECEIVED NYSCEF: 05/03/2023
`NYSCEF DOC. NO. 1
`RECEIVED NYSCEF: 05/03/2023
`
`THIS IS A CONSUMER CREDIT TRANSACTION
`
`STATE OF NEW YORK
`SUPREME COURT
`Cavalry SPV I, LLC
`
`-against-
`
`Labridgette M Palmer
`138 Fairview Ave Apt D
`Rochester NY 14619-2218
`
`COUNTY OF MONROE
`
`Plaintiff,
`
`SUMMONS
`
`Index No.:
`Date Filed:
`
`Defendant(s).
`
`TO THE ABOVE-NAMED DEFENDANT(S):
`
`YOU ARE HEREBY SUMMONEDto appearand answerthe Verified Complaint
`annexed hereto by serving a copy of your Answer onPlaintiff's attorneys within twenty (20)
`days after service of this Summons, exclusive of the date of service (or within thirty (30) days
`after service is complete if this Summonsis not personally delivered to you in New York State)
`and in case of yourfailure to appear or answer, Judgmentwill be taken against you by default for
`the amount of money demandedin the annexed Verified Complaint.
`
`Dated: April 25, 2023
`
`GIRVIN &FERLAZZO,P.C.
`By: eel
`Christopher P. Langlois, Esq.
`Attorneys for Plaintiff
`Office and P.O. Address
`P. O. Box 11623
`Albany, New York 12211
`(877) 814-6976
`
`The basis of venue designated above is that Defendant(s) reside(s) in the County of Monroe.
`
`2 of 18
`2 of 18
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`202305030897
`CIVIL202305030897
`Cl 202805030897 = 2023004659
`INDEX NO. E2023004659
`FILED: MONROE COUNTY CLERK 05/03/2023 12:41 PM
`
`
`
`
`
`
`NYSCEF DOC. NO.
`1
`RECEIVED NYSCEF: 05/03/2023
`NYSCEF DOC. NO. 1
`RECEIVED NYSCEF: 05/03/2023
`
`STATE OF NEW YORK
`SUPREME COURT
`Cavalry SPV I, LLC
`
`-against-
`
`Labridgette M Palmer
`138 Fairview Ave Apt D
`Rochester NY 14619-2218
`
`COUNTY GF MONROE
`
`Plaintiff
`
`VERIFIED
`COMPLAINT
`
`Index No.:
`Dated Filed:
`
`Defendant.
`
`Plaintiff Cavalry SPV I, LLC by and through its attorneys, Girvin & Ferlazzo, P.C., sets
`
`for the followingas andforits Verified Complaint against the Defendant:
`
`FIRST CAUSE OF ACTION (BREACH OF CONTRACT)
`
`1.
`
`Plaintiff Cavalry SPV I, LLCis a foreign limited liability company duly
`
`organized and existing under the laws ofthe State of Delaware, and is duly registered to do
`
`business in the State of New York.
`
`2.
`
`Atall times relevant herein, Plaintiff Cavalry SPV I, LLC was duly licensed by
`
`the New York State Department of Consumer Affairs (License No, 1327348), and has been
`
`continuously so licensed since 2009.
`
`3,
`
`Defendant applied for and was granted a credit account by Plaintiff's
`
`predecessor-in interest, original creditor Department Stores National Bank/Macy's, designated
`
`and assigned Account No, ****###*#*##4178,
`
`4,
`
`Defendant made charges, and/or took cash advances, and/or otherwise borrowed
`
`against the credit account, resulting in an outstanding accountbalance of $2,541.72 as of April
`
`25,2023.
`
`3 of 18
`3 of 18
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`05/03/2023 12:53:48 PM
`202305030897
`CIVIL202305030897
`Cl 202805030897 &2023004659
`INDEX NO. E2023004659
`FILED: MONROE COUNTY CLERK 05/03/2023 12:41 PM
`
`
`
`
`
`
`NYSCEF DOC. NO.
`1
`RECEIVED NYSCEF: 05/03/2023
`NYSCEF DOC. NO. 1
`RECEIVED NYSCEF: 05/03/2023
`
`5.
`
`Defendantfailed to timely make one or more monthly payments toward the
`
`outstanding balance, as required underthe terms and conditions governing said credit account,
`
`and is in default of said credit agreement.
`
`6.
`
`Despite written demand, Defendant hasfailed, refused, or neglected to make full
`
`payment of the balance due and owing in connection with the credit account.
`
`7.
`
`Thedate of the last payment on the account was July 20, 2020 and the amount of
`
`the last payment was $60.00. The account balance printed on the most recent monthly statement
`
`recording a pre charge-off purchase transaction,last payment, or balance transfer is shown on the
`
`monthly statement attached here as Exhibit "A"
`
`8.
`
`The credit account was charged-off by original creditor Department Stores
`
`National Bank/Macy's on February 23, 2021. A true and accurate copy ofthe charge-off
`
`statement is attached hereto as Exhibit "B".
`
`9.
`
`The subject credit account was a revolving credit account. An itemization ofthe
`
`amount sought is as follows: (i) the total amount of the debt due as of the charge-otf was
`
`$2,541.72:(ii) the total amountof interest accrued since charge-offis $0.00; (iii) the amount of
`
`non-interest charges or fees accrued since charge-off is $0.00; and (iv) the total amountof
`
`payments and /or creditsmade on the debt since charge-off is $.00
`10.
`Plaintiff is the ownerofall right,title, and interest in the subject credit account
`
`pursuant to an Assignmentand/orBill of Sale entered into with the original creditor, Department
`
`Stores National Bank/Macy's , dated December 22, 2022, and there were no previous owners of
`
`the subject credit account priorto the sale and/or assignmentofthe debtorto Plaintiff. The
`
`amountdue at the time of sale or assignment of the debt by the original creditor to Plaintiff was
`
`$2,541.72.
`
`4 of 18
`4 of 18
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`

`

` 3
`05/03/2023 12:53:48 PM
`202305030897
`FILED: MONROE COUNTY CLERK 05/03/2023 12:41 PM
`
`NYSCEF DOC. NO.
`1
`NYSCEF DOC. NO. 1
`
`
`CIVIL202305030897
`C! 202805030697 & 2023004659
`INDEX NO. E2023004659
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`
`
` ED NYSCEF: 05/03/2023
`
`RECELV.
`RECEIVED NYSCEF: 05/03/2023
`
`11.
`
`By reason ofthe foregoing, Defendantis indebted to the Plaintiff in the amount of
`
`$2,541.72.
`
`SECOND CAUSE OF ACTION (ACCOUNT STATED)
`
`12.
`
`The allegations contained in Paragraphs "1" through "11"of the First Count are
`
`incorporated by reference.
`
`13.
`
`Periodic accountstatements setting forth charges and amounts due on the credit
`
`account were transmitted to Defendant. The date on or about which thefinal statement of
`
`account was provided to Defendant was February 23, 2021.
`
`14.
`
`Defendant received and retained said periodic account statements for an
`
`unreasonable period of time without protest or objection.
`
`15.
`
`Defendant has failed, refused, or neglected to make full paymentof the balance
`
`due and owing in connection with the credit account as represented on the accountstatements.
`
`16.
`
`Pursuant to the account statements sent to Defendant, Defendantis indebted to the
`
`Plaintiff in the amount of $2,541.72.
`
`5 of 18
`5 of 18
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`

`

`
` Cl 202805030897 &2023004659
`05/03/2023 12:53:48 PM
`202305030897
`CIVIL202305030897
`INDEX NO. E2023004659
`FILED: MONROE COUNTY CLERK 05/03/2023 12:41 PM
`
`
`
`
`
`
`NYSCEF DOC. NO.
`1
`RECEIVED NYSCEF: 05/03/2023
`NYSCEF DOC. NO. 1
`RECEIVED NYSCEF: 05/03/2023
`
`WHEREFORE,Plaintiff Cavalry SPV 1, LLC demandsthat Judgmentbe entered herein
`
`against the named Defendant in the amountof $2,541.72, together with the costs and
`
`disbursements of the action.
`
`Dated: April 25, 2023
`
`By:
`
`
`
`GIRVIN & FERLAZZO, P.C.
`Attorneys for
`aintiff
`\
`|
`Christopher P. Langlois
`Office and P.O. Address
`20 Corporate Woods Boulevard
`Albany, New York 12211
`T:
`518-462-0300
`F:
`518-462-5037
`
`
`
`6 of 18
`6 of 18
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`05/03/2023 12:53:48 PM
`202305030897
`CIVIL202305030897
`Cl 202805030897 &2023004659
`INDEX NO. E2023004659
`FILED: MONROE COUNTY CLERK 05/03/2023 12:41 PM
`
`
`
`
`
`NYSCEF DOC. NO.
`1
`RECEIVED NYSCEF: 05/03/2023
`NYSCEF DOC. NO. 1
`RECEIVED NYSCEF: 05/03/2023
`
`VERIFICATION
`
`
`
`} )
`
`STATE OF NEW YORK
`
`S.8.:
`COUNTY OF ALBANY_)
`
`Christopher P. Langlois, being duly sworn, deposes andstates that he is an attorney duly
`admitted to practice in the State of New York, and is an associate of Girvin & Ferlazzo, P.C.,
`attorneysfor Plaintiff in the above captioned action; that he has read the foregoing Verified
`Complaint andis familiar with the contents thereof; and that the matters set forth therein are true
`to his knowledge, except as to matters therein stated to be alleged upon information andbelief,
`and as to those matters he believes them to be true.
`
`The grounds of deponent's belief are his review of documents and other information
`pertaining to the matters raised herein. The reason why this Verification is not made by the
`parties represented by the undersigned is that such parties do not reside in the county where the
`undersignedhashisoffice.
`
`on
`
`f
`
`Christopher P. Langlois
`
`Sworn to before me this
`
`i] 25, 2023
`
`7 of 18
`7 of 18
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`05/03/2023 12:53:48 PM
`202305030897
`CIVIL202305030897
`Cl 202805030897 &2023004659
`INDEX NO. E2023004659
`FILED: MONROE COUNTY CLERK 05/03/2023 12:41 PM
`
`
`
`
`
`
`NYSCEF DOC. NO.
`1
`RECEIVED NYSCEF: 05/03/2023
`NYSCEF DOC. NO. 1
`RECEIVED NYSCEF: 05/03/2023
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF MONROE
`Cavalry SPV 1, LLC
`
`Plaintiff/Petitioner,
`
`Labridgette M Palmer
`
`~ against —
`Index No.
`
`Defendant/Respondent.
`
`NOTICE OF COMMENCEMENTOF ACTION
`SUBJECT TO MANDATORY ELECTRONIC FILING
`
`PLEASE TAKE NOTICEthat the matter captioned above, which has been commencedbyfiling of the
`accompanying documents with the County Clerk, is subject to mandatory electronic filmg pursuantto Section
`202.5-bb of the Uniform Rules for the Trial Courts. This notice is being served as required by Subdivision (b) (3) of
`that Section.
`
`The New York State Courts Electronic Filing System ("NYSCEF") is designed for the electronic filing of
`documents with the County Clerk and the court and for the electronic service of those documents, court documents,
`and court notices upon counsel and self-represented parties. Counsel and/or parties who do not notify the court ofa
`claimed exemption (see below) as required by Section 202.5-bb(e) must immediately record their representation
`within the e-filed matter on the Consent page in NYSCEF.Failure to do so mayresult in an inability to receive
`electronic notice of document filings.
`
`Exemptions from mandatory e-filing are limited to: 1) attorneys whocertify in good faith that they lack the
`computer equipment and (along with all employees) the requisite knowledge to comply; and 2) self-represented
`parties who choosenotto participate in e-filing. For additional information about electronic filing, including access
`to Section 202.5-bb, consult the NYSCEF website at www.nycourts.gov/efile or contact the NYSCEF Resource
`Center at (646)386-3033 or efile@courts.stateny.us.
`
`Dated:por 252023
`i a -
`
`(Signature}
`
`20 Corporate Woods Blvd. Albany, NY 12211 (Address)
`
`Christopher P. Langlois
`
`(Name)
`
`518-462-0360
`
`(Phone}
`
`
`Girvin & Ferlazzo, PC
`
`(Firm Name)
`
`
`
`(E-Mail)
`
`To:
`Labridgette M Palmer
`138 Fairview Ave Apt D
`Rochester NY 14619-2218
`
`8 of 18
`8 of 18
`
`

`

`
`CIVIL202305030897
`05/03/2023 12:53:48 PM
`202305030897
`Cl 202805030897 &2023004659
`3
`INDEX NO. E2023004659
`FILED: MONROE COUNTY CLERK 05/03/2023 12:41 PM
`
`
`
`
`
`
`RECEIVED NYSCEF: 05/03/2023
`NYSCEF DOC. NO.
`1
`RECEIVED NYSCEF: 05/03/2023
`NYSCEF DOC. NO. 1
`
`Exhibit “A”
`
`9 of 18
`9 of 18
`
`

`

`BB / 2023
`05/03/2023 12:53:48 PM
`202305030897
`FILED: MONROE COUNTY CLERK 05/03/2023 12:41 PM
`
`NYSCEF DOC. NO. 1
`
`Macy's Account statement
`LABRIDGETTE M PALMER
`= Questions or lost/stolen card? Calf Customer Service 1-866-593-2543
`Account Number:178
`Go to macys.com/creditto manage and pay your account online.
`
`
`
`CIVIL202305030897
`C!| 202805030897 &2023004659
`INDEX NO. E2023004659
`
`ee
`RECEIVED NYSCEF: 05/03/2023
`
`Payment Information
`
`eae
`
`:
`
`ue
`
`«07/24/2020.
`
`Only the minkmura payment
`
`
`
`
`
`of Account Activit
`Summary
`NewBalance0
`__
`1,878.38
`PreviousBalance
`
`
`MinimumPaymentDue
`
`
`Payments
`
`
`
`Payment Due Date
`August 21, 2020
` Purchases fOtherO
`
`
`Late PaymentWarning:if we do not receive your minlnum payment by the date
`FeesCharged.oeeects
`listed above, you may have to pay alate fee up to $40,
`
`Minimum Payment Warning: If you make only the minimum payment each
`
`© New Balance
`period, you will pay more in interest and it will take you tangerte pay off your
`
`Past Due Amount
`balance. For exampte:
`NextStatementClosingDate __ 08/25/2020
`
`
`
`
`
`
`
`
`you would like information alout credit counseling services, call 1 877 337 8187.
`
`$2,733
`(Savings=$ 1,736}
`
`
`Days in Billing Cycle
`
`30
`
`=
`to
`wl
`Os
`ed
`
`2b
`
`New York residenls may contact the New York Stale Departmentof Financial Services by telephone, 4-800-342-3736, or visit its website, www-dis ny.gov,
`for frea Information on comparalive credit card rales, fees and grace periods.
`
`COVID- 19: We're experiencing high telephone call volumes and appreciale your pallence. For a faster way to manage your credit account, visit
`macys.com/erediit to log in or set up your profila. From there, you can add your card and access online servicing to check your balance, make a payment,
`anroll in paperless slatements and more.
`Markeling offers Included in this statement are intended for residents of ths United Statas, ite Tertitories, and Canada.
`
`%kmacys STAR REWARDS
`
`PLEASE SEE IMPORTANTINFORMATION ON REVERSE SIDE,
`
`Page 1 of 4
`
`This Accountis fssued byDepartment Stores National Bank.MLS
`
`
`
`;
`z&kmacys
`P.O, BOX 8058
`MASON, OH 45046-8058
`
`Your Statement Enclosed
`
`LABRIDGETTE M PALMER
`136 FAIRVIEW AVE
`ROCHESTER, NY 14619-2218
`
`
`
`Account NumberI4178
`
`ITAA
`
`
`
`Pleasereturn this slip withpayment.Writeaccount
`Payment Due Date
`aumber on front of check.You can pay at any
`August 21, 2020
`Macy's stare, online at macys.com/eredit,
`New Balance
`or by mail
`$7,903.67
`Payments received by mail by 5:00 pm local time Minimum Payment Due
`$60.43
`at the address shown below willbe credited as
`Use reverse side for address changes.
`of the date received,
`
`Make Check Payable to: Macy's
`7 Mail to address below?
`
`Macy's
`PO BOX 9001094
`LOUISVILLE, KY 40296-1094
`
`10 of 18
`10 of 18
`
`

`

`
`05/03/2023 12:53:48 PM
`202305030897
`FILED: MONROE COUNTY CLERK 05/03/2023 12:41 PM
` EF DOC. NO.
`1
`NYSCEF DOC. NO. 1
`
`
`CIVIL202305030897
`Cl 202805030897 &2023004659
`INDEX NO. E2023004659
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`
`
`
`
`RECEIVED NYSCEF: 05/03/2023
`RECEIVED NYSCEF: 05/03/2023
`
`by exivess mail to: Consuner Payment Dept, 6716 Grade Lane,
`* Express Mail, Send payment
`Intatmation AboutYour Account.
`KY 40233,
`Building G, Suite 910, Louisville,
`How to AvoidPaying Interest an Purchases. Yourpayment due date is af Ibast 25 days giler
`® Craditing Payments otfier thant by Mall. The payment cuteff time for Oniing bil payments,
`the olese of each tillag op: We wil net change you any iptereston purchases If you pay your New
`Phone payments, and Express Mail payments is midnight Eastertime, This means that we will
`Balance by the payment
`due.date each menth. This is called a grace period an purchases, Fo gata
`creda your account as ‘of the calendarday, trasedon Eastern tine, that we receive your payment
`grace period on purchases, you must pay the HewBalance bythe paymentdie date avery billingcycle,
`request,
`it you de ict; you will nol get a grace period until yau pay the Nevy Balance (or byo-billing cycles ina
`if you send an efigihle check with this payment coupon, you authorize us to eonipiate. your
`row, There ig FO gaice period on exckided promotional talances,
`,
`payment by electronic debit, If we do, the checking account will be deblled In the amound on the
`it youhave ‘a balancesubject to.a Special Event promotion and that pramotion does not aypire before
`check, Wemay do this a3 soon agthe day we recelve the check. Also, the check will be destroyed.
`ihe payment due date, that balarice(an “axcluded promotional balance") isexcluded from the amount
`you must payin fill 1e get a grace period on a purchase batanca.In addition, if you have a Club Plan
`Disputed Amounts. All consatnications concerning disputed amounts; ieckuling any check of other
`balance, thatbalance fan “excluded promotional balance”) is excluded front the amount you mustpay
`baer instrument in an amountless than the full amount due that you send to us marked “paid
`in feflto gets grace period ona purctitse balance. Hovever, you must stil pay any separately
`required
`in ull” or which you atkenvise lender as fuisatisfaction ef adispuled amount, must be sent to us at
`paymenton the excluded promotional balance. tn biting cynies in which payments are allocated to
`PO, Sox 8066, Mason, Ohio 46040.
`Special Event balances firet, the Spectal Even!balance will be reduced before any otherbalanceouthe
`Credit Reporting Disputes. We may report information about your accountfo credit bureaus.
`account. However, youwil canlinue to ¢ a gracepariedon purchases, solong as you paytheNew
`Ifyou think we reported
`iliasourate infarmation tova chedit bureau write us al: Cred& Bureau Dispute
`Balance Gess any excluded promotional balance, plus any separately required payment onan aclided
`Verification, PO,
`Box8218, Mason, O8 45040,
`promotional balance}in fal by the payment due date each billing cycle,
`Bankruptey Notices. f you send any notice-for bankruptcy purposes relating to this account, you
`Other promotionaloffers not descrined abave may alse alowyouta haveagraceperiod on purchases
`enast mall ifto theJollowitig address: Bankruptcy Processing, 9.0. Bax 8053, Mason, CH 45040,
`without haying te pay all ora portionof the promotional balance by the payment duedate. f gilher is
`Report a Lost or Stolen Card Immediately, Gall the Custenier Service ftuniber dian on page 7 of
`ihe ase, Hepramotional offer will descre what happens.
`ihis slatement. For TTY (Telecammunications Device for the Deaf) assistance, call 1-800-281-0820.
`How We Calculate Your Balance Subject to Interest Rate, We use a dally balance method
`Whal To Do If YorThinkYate Find A Mistake On Your Statement.if you think thereis an erroron
`(including current transactions)to calculate Interest charges: However, # the letterA appears after
`yoursatemant, syste [ous af: DeparknientSores National Bark, P.C, Box 8068, Mason, Ohio45040,
`the Annual Percentage Rate inthe mnlerest Charge Catculation section, then we use an average
`‘dally balance method (including curent transactions) to calculate interest charges.
`in-your letter,give us the Sollowing information:
`fo Hod cut mare information about the balance. commutation method for your account and how the resuiling
`» Accountinformation: Your name and account number.
`terest charges ware determined, contact us at theCustomerService quinber on thefrentofthis statement.
`© Dollar amount: The dollar amount of the suspected error.
`Other Account and Payment Information.
`© Descriptionof Prcblenn: If you thirk thare'ls an errec on yourbill, deseribe what you belleve is wrong
`Payment Amount,You may pay all or part of youraccountbalanceat any tine, However, you must
`and why you believe [fis a mistaxe,
`pay, Dy the paynient due date, at least Ihe misinwan payment due,
`.
`You must contact us within GO days after the error appeared on yourstatement.
`When Your Payment Will Be Credited. If we receive your payment in ploper form at eur
`You must notify us of any potential encers Inwriting. You ruscall us, bul f-you do we are not requited
`precesairig.factlily by 5 p.m. Jocal time there, it will be eredited as of that day.Aaayment received
`to iavestigate any potential errors and you may fave t6 pay the anrount in question.
`ihere-in proper form atter that Ume wil be credited as-of the nest day: Allow5 to 7 days for
`While weinvestigate whether or not there has beenan error, the following are frup:
`payments Ny regularmail to reach os, There may.ba a delay ofup to5 days in crediting a payment
`« We cannottry to callactWe amount in quéstion, or reportyou as delinquent on that amount.
`we receive that Is not in proper form or is aot sent to tha carrect address. The cortect address for
`regular rial is the address an the front of.the paymentcoupon. The correct address for express
`+ Thesharga In question may remain on your statement, and we maycontinue to chargs you interest
`on that amount, Gut, ff we determing that wemade a.mistake, you wil not have t pay the amount
`mail is shown in the Express Mait section.
`Proper FormFora payment sentby.avail ot courler to be in proper form, you must:
`in question or any interest or olher fees related te thal amount.
`+ Whteyou danothave fopay the antguat in question, you are responsible for the remataderof your balance,
`© Eneloge d vad check or money order. 4 caah, gift cards, or foreign cUrmincy please.
`« Wecanapply any unpaid amount against your credit linsit,
`* fnotuete your name and the last four digits of your account omer.
`Doctiment! Production Fee. We may charge you a fee of $3.00 per item if you request copies
`Your Rights 1 You Are Dissatistied With Your Gredit Card Purchases, if you are dissatisfied
`af previously pravidest records, such as Statements and sales checks, We wil noi charge you for
`velifvthe goods ar servicas that you have purchased with your credit card, and you have tried in good
`fathto correct the problem wilh the wnerchant, you may have the rightnol to pay the remuiining amoent
`documents produced fa connection wilh a Billing Exeor investigation.
`due on the purchase.
`Payment Other Than By Mall,
`# In-Store, Aiy paysient in proper form accepted in-store wil be credited as of thal day. Rovever,
`Ta use this rigitt, ail of the following mast be true:
`credit availablity may be subject te verlileation of funds,
`4, The purchade aust have beanmade in your hone state or within 100 rites of your eurrent mailing
`«. Online/AutoPay. Go tothe URL on Page 1 of your statement to make a paymentonling,You cant
`address, and the purchase- price must have bech mere than $50. (Note: Neither of these are-
`algo enrill in AutoPay dad have your payment amount automaticallydeducted each month from ihe
`necessaryif yaur purchase wos based on an advertisement we mated to you, or if we own the
`payment account you choose.
`company thatsoid you the goads or services}
`* Phone.Call the nyinber on Paga 1 of your statement ta make a payment by phone, For phone
`2 You must Have usedYour credil card forthe purchase. Purchases mada wih caah advances from
`payments, you authorize us to electronically debt your specilled bank account by an ACH
`‘ap ATM or with a check that accasses your credit card account do notqualify.
`Transaction #7 the areunt and onthedate that you indicate onihe phone. You may cancel a phone
`9. You must not yet have fully paid for te purchase.
`payment bycalling us at the same numberwithin the lima period disclosed to you on the phone,
`ifall of the criteriaaboye are met-and you aré stil dissatislied withihe purchase, contactds invwriting
`Theré i no fee for making 4 payinient in our stores, oy mail, using our automated voice Mésponse
`at DepartmentStoms Hational Bank, PO, Box 2086, Magan, GH45040.
`system, oatine atthe URL on Page 1, or vith ovr online partnerat mychackftee.com,
`Whitewe investigate, the same rules apply fo thedisputed amount asdiscussed above, Afterwafinish
`* Agent Assisted Phone Payments. If you call usto make a paymentwiththe assistanceof a hve
`our investigation,we will tell you our decision. At that point, ifwve think you owe an amount anc you do
`agent, the payment wal be applied to your account the same day and you vill be charged a $3.00
`not pay, we may repdrLyou-as cdalinguent,
`MGY/ELAPL DSNFEB20
`agent expedited paynwat fee,
`-N- - 0-0 -/E/ 01/25/20 - OB/01/17 - 38 - July 21, 2020 - June 24, 2020
`- 197410 -/B/--0- -42 40/- P-B- -0-¥ 4D/-0~
`Ml, -9489-7700-0000 4A-81-N-D-Q- -
`N-- - 46-0 -MYBQ-V-D-D- -- - -0820/G/- - -0-0----
`
`TO@e¢Th
`
`Page 2 of 4
`
`Hoiy information? Far naw addiess, telephoneor email, go ta macys.com/credit
`arenter the new information belovy, To change your name, please Indicate the new namebelow.
`
`
`
`*Phone:By giving usa cell number or anumberlater converted
`to a cell number, you agreethat weor ourservice providers can.
`
`contact you at that numberby autodialer, recorded or artificial
`volce, ora text. Your phone plan charges mayapply.
`**Enter EmallAddress [fyouprovide youremailaddress,you
`authorize 1) the accountIssuer for this: account to contact you
`about your account and tell you about useful productsand
`services; and 2} Macy's to email you information aboutreceiving
`promotions, sales, special events and otfier offers.
`
`Sign up for electronic statements.
`It’s fast, easy and convenient.
`Make the switch today!
`Go to macys.com/gopaperless
`
`eg RECYCLABLE
`
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`

`05/03/2023 12:53:48 PM
`202305030897
`FILED: MONROE COUNTY CLERK 05/03/2023 12:41 PM
`NYSCEF DOC. NO. 1
`
`
`
`
`CIVIL202305030897
`Cl 202805030897 = 2023004659
`INDEX NO. E2023004659
`
`
`
`
`RECEIVED NYSCEF: 05/03/2023
`REAVERBSERaB?/2022
`
`Macy's account transactions
`
`Transaction Date —_Description
`
`
`Jul 20
`Jun 29
`
`
`a
`‘MICHAEL KORS WATCHES - WOMENS SILICONE
`SALES TAX
`
`RECEIPT TOTAL|
`NIKE - NIKE GRAPHIC TEES—
`Jul o4
`SALES TAX
`
`
`stecascrswesrease:sreenueranarnareaescaneheededcePNIEIRISRECEIPT1TOTALuererranearmarenrasreees'atid i peclindIOUTARIRmsMPL!masenenn
`
`Jul #3
`"MICHAEL KORS WATCHES-WOMENSSILICONE
`SALES TAX
`
`namanaantacaneseeuerminamennerascenrenerneanereenarrasaidRECEIPTSBIRTOTALoonnmmonnnsrnnnmnanancresnmumarnnuneinmessinse[ERLEARRIAAHILRMATEICISOCTRENCE
`
`Jul 15
`NIKE - FLEECE BOTTOMS
`SALES TAX
`RECEIPT TOTAL
`
`
`
`Fees
`
`TransactionDate Description_
`TOTAL FEES FOR THIS PERIOD
`
`COReTh
`
`Interest Charged
`
`TransactionDateDescription0
`Jub24
`
`
`
` TotalFees;Charged|in2020 _
`
`~TotalInterest Charged in 2020
`
`
`__ Amount
`$0.00
`
`nemount
`ornenBAOL4S
`$40.43
`
`Activity and Promotions Detail
`
`Original
`Purchases,
`Payments
`Promotion
`Promotion
`Cash Adv,
`& Other
`Previous
`Trans
`Trans
`Fees &
`
`
`_ Amountss Date—ss Balance CreditsOther Debits
`
`
`REGULAR
`
`Promotion
`Deferred
`Promotion
`Expiration
`Interest
`Minimum
`_PaymentDueCharges Date
`
`
`$125.86
`-$141.00
`$1,878.38
`-
`-
`$0.00 $0.00TOTAeetgTIT
`$1,878.38
`-$141.00
`$125.86
`TOTAL
`
`
`
`
`
`
`
`MACY'SACC
`
`REGULAR
`(V) = Variable Rate
`
`Page 3 of 4
`
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`

`

`05/03/2023 12:53:48 PM
`202305030897
`FILED: MONROE COUNTY CLERK 05/03/2023 12:41 PM
`
`NYSCEF DOC. NO. 1
`
`
`CIVIL202305030897
`Cl 202805030897 = 2023004659
`INDEX NO. E2023004659
`
`
`
`
`
`YSCEE: .
`RECEIVED NYSCEF: 05/03/2023
`RecountHumber
`Rav7gs/2023
`ending i
`
`
`Star Rewards
`Points earned 6/20/20 - 7/23/20
`
`‘PointsBalanceasof7/23/20"~~
`
`
`macys.com/mystarrewards to see your current points balance.
`
`*Currant point balance does not include pending points or points earned for
`items shipped or delivered after the “as of” date, Visit
`
`We're extending Platinum & Gold status!In response to COVID-19, you can keep your currentloyalty level through Dac. 2021. This means
`@ you'll get another year of exclusive perks like Free Shipping with no minimum at Macy’s with your Macy’s Card. See ail your benefits at
`
`macys.com/starrewards
`
`coeedth
`
`
`
`Pay Online
`Visit macys.com/credit
`Log in or register your
`accountto pay online
`
`Pay by Mail
`Mail your check or money order
`to the address printed on the
`payment coupon attached to
`this statement
`
`Cail the number on the back of your card-or
`front of this statement to pay by checking.
`account using our automated payment system ~
`7 days a week, 24 hours a day
`OGPOt
`
`
`
`Pay by Phone
`
`
`
`Send all the
`good vibes
`
`From a surprise b-day wish to major corigrats & more—
`a Macy's Gift Card shows you care. Choose one in store,
`in the app or at macys.com/giftcards
`
`Page 4 of 4
`
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`
`

`

`
`CIVIL202305030897
`05/03/2023 12:53:48 PM
`202305030897
`Cl 202805030897 &2023004659
`3
`INDEX NO. E2023004659
`FILED: MONROE COUNTY CLERK 05/03/2023 12:41 PM
`
`
`
`
`
`
`RECEIVED NYSCEF: 05/03/2023
`NYSCEF DOC. NO.
`1
`RECEIVED NYSCEF: 05/03/2023
`NYSCEF DOC. NO. 1
`
`Exhibit “B”
`
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`14 of 18
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`

`05/03/2023 12:53:48 PM
`202305030897
`FILED: MONROE COUNTY CLERK 05/03/2023 12:41 PM
`
`NYSCEF DOC. NO. 1
`
`
`CIVIL202305030897
`Cl 202805030897 = 2023004659
`INDEX NO. E2023004659
`
`RECEIVED NYSCEF: 05/03/2023
`
`@ New Balance
`Past Due Amount
`
`
`
`$2,541.72
`
`
`
`
`$704.63
`
`
`Macy's Account statement
`LABRIDGETTE M PALMER
`ee Questions or lost/stolen card? Call Customer Service 1-800-782-7756
`Go to macys.com/creditto manage and pay your accountonline.
`Account Number:RMME-4178
`
`
`
`
`
`
`nee92ASB72 NewBalanceiBRATZ
`MinimumPaymentDue BT
`Payment Due Date
`March 21, 2021
`
`
`Late Payment Warning:If we do not receive your minimum payment by the date
`listed above, you may have to pay alate fee up to $40,
`Minimum Payment Warning: if you make only the minimum payment each
`
`
`period, you will pay more in interest and it will take you longer to pay aff your
`balance. For exarnple:
`
`
`pe
`eet
`we
`
`
`
`34,874
`$3,640
`
`
`ch
`CreditUmit.ALR.
`‘Amount Over
`|StatementClosingDate.
`02/22/2021
`NextStatementClosingDate...
`93/25/2021__..
`Days in Billing Cycle
`28
`
`
`
`TOETh
`
`
`
`
`
`
`POOLEYOU Bey:
`yy
`Only the minimums payment
`
`ifyou would like infornation about credit counseling services, call 1 877 337 8188.
`
`New York residents may contact tha New York State Departmentof Financial Services by telephone, 1-800-342-9726, or visit ils website, www.dis ny.gov.
`for free information en comparaliva credit card rates, tees and grace periods.
`
`You can access and manage your crecit cerd accounl whenever you want — justvisit macys.com/sradit to log in or set up your profile. Fromthere, you can
`add your card and access online servicing to check your balance, make a payment, enroliin Paperless Statements and mare.
`Please nole that if we recelyed your pay by phoneor online payment between 5 p.m. ET and midnight ET on your Statement Closing Date identified on your
`jag! statement, that payment will appear on your next statement.
`
`xmacys STAR REWARDS
`
`PLEASE SEE IMPORTANT INFORMATION ON REVERSE SIDE.
`
`Page 1 of 4
`
`This Accountts Issued by Department Stores Nationa! Bank.
`SML16
`
`
`*zmacys
`PO BOX 740003
`ST. LOUIS, MO 63479-0063
`
`Your Statement Enclosed
`
`LABRIDGETTE M PALMER
`138 FAIRVIEW AVE
`ROCHESTER, NY 14619-2218
`
`
`
`Account Number: 4178
`
`March 21,2021
`$2,541.72
`$818.58
`
`EM
`Please return this slip withpayment.Writeaccount
`number onfront of check. You can pay at any
`Payment Due Date
`Macy's store, online at macys.com/credit,
`:
`New Balance
`or by mail.
`Payments received by mail by 5:00 pr locat time Minimum Payment Due
`at the address shown below willbe credited as
`of the date received.
`
`Use reverse side for address changes.
`
`Make Check Payable to: Macy's
`‘w Mall to address heloww
`
`Macy's
`PO BOX 71389
`PHILADELPHIA, PA 19176-1359
`
`15 of 18
`15 of 18
`
`

`

`
`05/03/2023 12:53:48 PM
`202305030897
`FILED: MONROE COUNTY CLERK 05/03/2023 12:41 PM
` EF DOC. NO.
`1
`NYSCEF DOC. NO. 1
`
`
`CIVIL202305030897
`Cl 202805030897 = 2023004659
`INDEX NO. E2023004659
`
`
`
` RECEIVED NYSCEF:
`
`05/03/2023
`RECEIVED NYSCEF: 05/03/2023
`
`Information Aboul Your Account,
`How ta Avoid Paying Interest or Purchases. Yourpayment due date Is at leasl 25 days after
`the close of each billing cycle. We vail net charge.you any interest-on purchases if youpay your New
`Balanceby. the payment due-date each month. This §s caed a graca period on purchases. To get-a
`grace period on purchases, you must pay tha New Balance hy the payne dig date every diling eycle.
`Ifyou do'niet, you will'not get agraceperiod until youpay the New Balance tor fvvo billing cycles in a
`tow. There is na. grace period on exckided prometional balances,
`,
`if you have'a balaneé subject to 4 Special Event promotion and thal promotion dees nol axpire before
`the payment due dale, that dalance fan “excluded promotional bafanca”)is excladed from the amquat
`you must pay in full to get a grace period on @ purchase balanee. (n addition, if you have @ Cleo Plan
`baknce, that balanes {an“exeludedpromtlonal balance”} isexcluded fromtheariountyou must pay
`in full {e get a gra¢e period on 4 purchase balance, However,you rust slél nay any separmtely required
`payment aii the excided promotional balance, Jibilieg cycles in which payments are allocated le
`Snecial Event balances first, heSpecial Event balance vl be reduced before any other balance anfhe
`account. However, you will continue to get a graceperiod on purchases, $0 long 36 you pay the Rew
`Balance (ass any excluded promotional balanwe, plus any separately required payment onanexcluded
`promotionalbalance) in full by the payment due date each biting cycle,
`Other promotional offers not descrived above mayalse altow youto have a graceperiod en pur