On April 25, 2024 a
Motion-Secondary
was filed
involving a dispute between
Nissan Infiniti Lt,
and
Priscilla Velazquez,
for Commercial - Contract
in the District Court of Westchester County.
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FILED: WESTCHESTER COUNTY CLERK 04/25/2024 10:32 AM INDEX NO. 61166/2024
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 04/25/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF WESTCHESTER
---------------------------------------------------------------------X Index No.:
NISSAN INFINITI LT,
Petitioner,
AFFIDAVIT FOR
-against- ORDER OF SEIZURE
PRISCILLA VELAZQUEZ,
Respondent.
_____________________________-_______--______---________________--.X
STATE OF Y ( )
) ss.:
COUNTY OF )
being duly sworn deposes and says:
1. I am the 6) 1/hÂ Ö of NISSAN INFINITI LT , the petitioner herein, and
am familiar with the facts of this case based upon my review of the petitioner's corporate books
and records. I submit this affidavit in support of the petitioner's application for an order of
seizure for the Respondent's 2021 Nissan Rogue (VIN #5N1AT3BB8MC788053) (the
"Chattel").
2. I am familiar with, and have access to, the records of Petitioner with respect to the
matters referenced in this affidavit. These records were made and kept in the ordinary course of
Petitioner's regularly conducted business, and it is the regular practice of Petitioner to make and
keep these records. The documents were created at or near the time of the events recorded
therein. I have personally reviewed the documents, records and other data relied on to make the
statements in this Affidavit and believe them to be true and accurate.
3. The petitioner is rightfully entitled to the possession of the above mentioned chattel
by virtue of the following facts:
a. On or about 09/10/2021, the Respondent entered into a certain Motor
Vehicle Lease Agreement (the "Lease") for the lease of a 2021 Nissan Rogue (VIN
1 of 4
FILED: WESTCHESTER COUNTY CLERK 04/25/2024 10:32 AM INDEX NO. 61166/2024
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 04/25/2024
#5N1AT3BB8MC788053) (the "Vehicle") from non-party Teddy Nissan, LLC (the
"Lessor") for a term of 36 months at $760.00 per month. A copy of the Lease is annexed
hereto as "Exhibit A".
b. Pursuant to the Lease, all of the Lessor's rights and interest under the
Lease were immediately assigned to the Petitioner.
c. On or about 05/19/2023 the Respondent defaulted under the terms of the
Lease by failing to make the payments due pursuant to the Lease and there remains a
balance on the account in the sum of $29,871.92.
d. Pursuant to the Lease, Petitioner was and remains the sole owner of the
Vehicle. A copy of the Certificate of Title for the Vehicle is annexed hereto as "Exhibit
B".
e. Pursuant to the Lease, upon a default by the Respondent, the Petitioner is
entitled to take immediate possession of the Vehicle.
f. The average trade-in value of the chattel is $25,250.00. Evidence of the
current value is annexed hereto as "Exhibit C".
g. An undertaking for the sum of $50,500.00, twice the value of the chattel,
is annexed hereto as "Exhibit D".
h. Upon information and belief, the Vehicle is located on or near the
Respondent's premises at, 300 High Point Drive, Apt. 313, Hartsdale, NY 10530.
i. Upon information and belief 300 Hight Point Drive, Apt 313, Hartsdale,
NY 10530 is a gated community and, as such, the Petition requests that the Court issue a
break in order.
j. No defense to the Petitioner's claim is known to the Petitioner.
k. Pursuant to the Lease the Petitioner is entitled to take possession of the
Chattel.
2 of 4
FILED: WESTCHESTER COUNTY CLERK 04/25/2024 10:32 AM INDEX NO. 61166/2024
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 04/25/2024
4. By reason of the foregoing, the Petitioner is entitled to the possession of the
Chattel and respectfully requests that the Court execute the Order of Seizure annexed to
Petitioner's moving papers.
Sworn to before me this
day of 20 7.4
JEFFREY DOOL
- Notary Public, State of Texas
Comm. Expires 03-06-2027
Notary ID 134236487
3 of 4
FILED: WESTCHESTER COUNTY CLERK 04/25/2024 10:32 AM INDEX NO. 61166/2024
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 04/25/2024
CERTIFICATE OF CONFORMITY
I we oft , an attorney duly licensed to practice law in the
State of as , affirm under penalty of perjury and certify that, I witnessed the
signature of T
Document Filed Date
April 25, 2024
Case Filing Date
April 25, 2024
Category
Commercial - Contract
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FILED: WESTCHESTER COUNTY CLERK 04/25/2024 10:32 AM INDEX NO. 61166/2024 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 04/25/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF WESTCHESTER ---------------------------------------------------------------------X Index No.: NISSAN INFINITI LT, Petitioner, AFFIDAVIT FOR -against- ORDER OF SEIZURE PRISCILLA VELAZQUEZ, Respondent. _____________________________-_______--______---________________--.X STATE OF Y ( ) ) ss.: COUNTY OF ) being duly sworn deposes and says: 1. I am the 6) 1/hÂ Ö of NISSAN INFINITI LT , the petitioner herein, and am familiar with the facts of this case based upon my review of the petitioner's corporate books and records. I submit this affidavit in support of the petitioner's application for an order of seizure for the Respondent's 2021 Nissan Rogue (VIN #5N1AT3BB8MC788053) (the "Chattel"). 2. I am familiar with, and have access to, the records of Petitioner with respect to the matters referenced in this affidavit. These records were made and kept in the ordinary course of Petitioner's regularly conducted business, and it is the regular practice of Petitioner to make and keep these records. The documents were created at or near the time of the events recorded therein. I have personally reviewed the documents, records and other data relied on to make the statements in this Affidavit and believe them to be true and accurate. 3. The petitioner is rightfully entitled to the possession of the above mentioned chattel by virtue of the following facts: a. On or about 09/10/2021, the Respondent entered into a certain Motor Vehicle Lease Agreement (the "Lease") for the lease of a 2021 Nissan Rogue (VIN 1 of 4 FILED: WESTCHESTER COUNTY CLERK 04/25/2024 10:32 AM INDEX NO. 61166/2024 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 04/25/2024 #5N1AT3BB8MC788053) (the "Vehicle") from non-party Teddy Nissan, LLC (the "Lessor") for a term of 36 months at $760.00 per month. A copy of the Lease is annexed hereto as "Exhibit A". b. Pursuant to the Lease, all of the Lessor's rights and interest under the Lease were immediately assigned to the Petitioner. c. On or about 05/19/2023 the Respondent defaulted under the terms of the Lease by failing to make the payments due pursuant to the Lease and there remains a balance on the account in the sum of $29,871.92. d. Pursuant to the Lease, Petitioner was and remains the sole owner of the Vehicle. A copy of the Certificate of Title for the Vehicle is annexed hereto as "Exhibit B". e. Pursuant to the Lease, upon a default by the Respondent, the Petitioner is entitled to take immediate possession of the Vehicle. f. The average trade-in value of the chattel is $25,250.00. Evidence of the current value is annexed hereto as "Exhibit C". g. An undertaking for the sum of $50,500.00, twice the value of the chattel, is annexed hereto as "Exhibit D". h. Upon information and belief, the Vehicle is located on or near the Respondent's premises at, 300 High Point Drive, Apt. 313, Hartsdale, NY 10530. i. Upon information and belief 300 Hight Point Drive, Apt 313, Hartsdale, NY 10530 is a gated community and, as such, the Petition requests that the Court issue a break in order. j. No defense to the Petitioner's claim is known to the Petitioner. k. Pursuant to the Lease the Petitioner is entitled to take possession of the Chattel. 2 of 4 FILED: WESTCHESTER COUNTY CLERK 04/25/2024 10:32 AM INDEX NO. 61166/2024 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 04/25/2024 4. By reason of the foregoing, the Petitioner is entitled to the possession of the Chattel and respectfully requests that the Court execute the Order of Seizure annexed to Petitioner's moving papers. Sworn to before me this day of 20 7.4 JEFFREY DOOL - Notary Public, State of Texas Comm. Expires 03-06-2027 Notary ID 134236487 3 of 4 FILED: WESTCHESTER COUNTY CLERK 04/25/2024 10:32 AM INDEX NO. 61166/2024 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 04/25/2024 CERTIFICATE OF CONFORMITY I we oft , an attorney duly licensed to practice law in the State of as , affirm under penalty of perjury and certify that, I witnessed the signature of T