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FILED: WESTCHESTER COUNTY CLERK 02/29/2024 12:15 PM INDEX NO. 57739/2024
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 02/29/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF WESTCHESTER
Capital One Auto Finance Amended Verified Complaint
Plaintiff(s), Index Number 57739/2024
-against-
Christopher M. McBride
Defendant(s).
YOU HAVE THE RIGHT TO REQUEST THAT EACH COMMUNICATION BE
PROVIDED IN AN ALTERNATIVE, REASONABLE ACCOMODATABLE
FORMAT. YOU MAY REQUEST THIS NOTICE AND FURTURE
COMMUNICATIONS IN AN ALTERNATIVE, REASONABLE
ACCOMMODATABLE TO YOU, SUCH AS LARGE PRINT, BRAILLE, AUDIO
COMPACT DISC, OR OTHER MEANS. TO REQUEST SUCH ALTERNATIVE,
PLEASE CALL OUR OFFICES AT 516-763-3200.
Plaintiff, Capital One Auto Finance (hereinafter "Plaintiff(s)") by its counsel, Sheldon May &
Associates, P.C., as and for its Complaint against complaining against Defendant(s) Christopher
M. McBride (hereinafter "Defendant(s)) alleges as follows:
L Parties
A. Plaintiff, Capital One Auto Finance, (hereinafter "Plaintiff) Upon information
and belief, that all times hereinafter mentioned, the Plaintiff was and still is a
corporation organized and existing under the laws of the State of its
incorporation, and is duly authorized to conduct business in the State of New
bank"
York or qualifies as a "foreign pursuant to the relevant statues., duly
authorized to conduct business in the State of New York and having an
office and place of business located at 7933 Preston Road, Plano, Texas
75024.
B. Upon information and belief, Christopher M. McBride is/are presently a
resident(s) in the County of WESTCHESTER, State of New York with a last
known address of 180 Lake Shore Drive, Pleasantville, New York 10570
H. Standing
A. On February 12, 2022, the Defendant(s) executed in favor of and delivered
to JJLG Motors Inc. (hereinafter "Dealer") a certain Retail Installment
Contract (hereinafter "Contract") for the purchase of the: 2019 Jeep Compass
Latitude, (V.LN. Number: 3C4NJDBB9KT594148) (hereinaller "Collateral")
and the granting of a purchase money security interest therein to secure the
payment of the sum of $19,519.53, payable with interest at the rate of 8.59%
per annum, in equal monthly installments of $387.40 each, the first to be paid
on March 29, 2022, and one (1) installment due on the same date of each
successive month thereafter until paid in full. A true and accurate copy of the
"A"
Contract is annexed hereto as Exhibit and made part hereof.
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FILED: WESTCHESTER COUNTY CLERK 02/29/2024 12:15 PM INDEX NO. 57739/2024
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 02/29/2024
B. Thereafter, the aforesaid Contract pursuant to its terms was duly assigned by
the Dealer to the PlaintiiT herein for good and valuable consideration, and the
Plaintiff is now the holder of the Contract. Plaintiff s security interest in the
Collateral is reflected on the records of the Department of Motor Vehicles,
State of New York. A true and accurate copy of the electronic certificate of
"B"
title is annexed hereto as Exhibit and made part hereof.
HI. Borrower's Non-Payment
A. Pursuant to the terms of the Contract, Defendant(s) was/were to pay the sum
of $19,519.53, payable with interest at the rate of 8.59% per annum, in equal
monthly installments of $387.40 each, the first to be paid on March 29, 2022,
and one (1) installment due on the same date of each successive month
thereafter until paid in full.
B. HOWEVER, IN THE EVENT YOU HAVE FILED BANKRUPTCY
AND RECEIVED A DISCHARGE OR THE DEBT HAS
OTHERWISE
BEEN DISPOSED OF IN THE BANKRUPTCY PROCEEDING YOU
HAVE NO PERSONAL LIABILITY TO PAY ANY AMOUNTS DUE
IN RELATION WITH THIS LOAN AND THIS ACTION IS SOLELY
AN ACTION TO REPOSSESSION THE COLLATERAL AND NONE
OF THE FOLLOWING PROVISIONS APPLY TO YOU.
1. The aforesaid Contract is now in default and payments past due from
the month of March 29, 2023, in the sum of $387.40 each, plus contractual late
charges thereon, have not been paid pursuant to the terms of said Contract, and
the Plaintiff has elected to declare the entire balance on said Contract due in
accordance with the terms thereof, and has duly demanded the contract
balance or possession of the Collateral from the Defendant(s). A true and
accurate copy of the demand letter forwarded to Defendant(s) is/are annexed
"C"
hereto as Exhibit and made part hereof.
2. As of the present time, Defendant(s) has/have failed, neglected and
refused to pay the net balance due on said Contract which as the date of this
Verified Complaint, was in the amount of $16,647.30 or return the Collateral
and, accordingly, Plaintiff is now entitled to immediate possession of the
Collateral or payment of the entire balance due.
3. Prior to the commencement of this action the Plaintiff duly demanded
possession of the Collateral from Defendant(s) and Defendant(s) has/have
failed, refused and neglected to deliver same to Plaintiff. A true and accurate
copy of the demand letter forwarded to Defendant(s) is annexed hereto as
"C"
Exhibit and made part hereof.
4. Upon information and belief, Defendant(s) is/are in possession of the
Collateral.
5. By virtue of the foregoing acts, conduct, and omissions on the part of
Defendant(s), Plaintiff is entitled to immediate possession of the Collateral.
IV. Relief Request
A. Plaintiff seeks an Order of Seizure directing the Sheriff or any County within
the State of New York to Seize the Collateral.
B. By virtue of the foregoing acts, conduct and omissions on the part of
Defendant(s), constituting breach of contract, Plaintiff has suffered damages
in the amount of $16,647.30, together with interest thereon at the rate of
8.59% per annum. HOWEVER, IN THE EVENT YOU HAVE FILED
BANKRUPTCY AND RECEIVED A DISCHARGE OR THE DEBT
HAS OTHERWISE BEEN DISPOSED OF IN THE BANKRUPTCY
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PROCEEDING YOU HAVE NO PERSONAL LIABILITY TO PAY
ANY AMOUNTS DUE IN RELATION WITH THIS LOAN AND THIS
ACTION IS SOLELY AN ACTION TO REPOSSESSION THE
COLLATERAL.
C. Defendant(s) pursuant to the terms and conditions of the Contract, and upon the
attomeys'
default by Defendant thereunder, agreed to pay reasonable fees, court
costs, disbursements, and the like, incurred by Plaintiff as a result of having to
retake the vehicle and enforce Plaintiffs rights under the Contract and which
expenses include, but are not limited to, storage charges, reconditioning, and
collection expenses. Plaintiff has been compelled to place the matter with its
counsel for repossession and collection following the default by
Defendant(s) under the terms and conditions of the Contract. By virtue of
the foregoing acts, conduct and omissions on the part of Defendant(s),
Plaintiff is entitled to recovery of all costs and disbursements incurred as a
result of Defendant(s) default under the terms and conditions of the Contract,
attorneys'
including reimbursement of reasonable fees as may be allowed by
the Court.
D. Plaintiff contends if a Temporary Restraining Order is not granted, it is
likely, based upon Defendant(s) conduct, that Plaintiff shall suffer immediate
and irreparable injury, loss, and damage.
WHEREFORE, Plaintiff, Capital One Auto Finance, demands judgment
against Defendant(s) Christopher M. McBride (a) on its first cause of action for
immediate possession of the Collateral above-mentioned; (b) on its second cause of
action against Defendant(s) Christopher M. McBride for breach of contract in the
amount of $16,647.30, together with interest at 8.59 per annum; (c) on its third
cause of action against Defendant(s) Christopher M. McBride for reimbursement of
attorneys'
costs and disbursements, including reasonable fees as may be allowed by
the Court; (d) for such other, further and different relief as to the Court may seem
just and proper.
Dated: February 29, 2024
Rockville Centre, New York
/'
Ted Eric May, Esq.
Sheldon May & Associates, P.C.
Attorneys for Plaintiff
255 Merrick Road
Rockville Centre, New York 11579
763 - 3200
(516)
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FILED: WESTCHESTER COUNTY CLERK 02/29/2024 12:15 PM INDEX NO. 57739/2024
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 02/29/2024
VERIFICATION
opheA d bCtmago , being duly sworn, deposes and says that he is the
C2 BPT C93 EAntocau (L for Capital One Auto Finance named in the
within action; that he/she has read the foregoing Complaint and knows the contents thereof; and,
that the same is true to his/her knowledge, except as to the matters therein stated to be alleged
upon information and belief; and as to those matters, he/she believes it to be true.
The grounds of his/her belief as to all matters not stated upon his/her knowledge are as
follows: the books and records of said corporation.
CAPITAL ONE AUTO FINANCE
By: Ap).ex / ] $||TOM2S/t
Printed Name
Its: SR LPT Q% /fdympty&t..
Title
STATE OF TEXAS )
)
COUNTY OF COLLIN )
Subscribed and swo to before me by ent of Capital
One Auto Fin ce on this day of February 2024.
m
DEBRA LEWIS-BLACKMON
Notary Public, State of TexaS NOTARY PUBLIC IN FOR
²-3²o7²Î²
a 3
THE STATE OF TEXAS
My Commission Expires: 2 3 7.J) 2..
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FILED: WESTCHESTER COUNTY CLERK 02/29/2024 12:15 PM INDEX NO. 57739/2024 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 02/29/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF WESTCHESTER Capital One Auto Finance Amended Verified Complaint Plaintiff(s), Index Number 57739/2024 -against- Christopher M. McBride Defendant(s). YOU HAVE THE RIGHT TO REQUEST THAT EACH COMMUNICATION BE PROVIDED IN AN ALTERNATIVE, REASONABLE ACCOMODATABLE FORMAT. YOU MAY REQUEST THIS NOTICE AND FURTURE COMMUNICATIONS IN AN ALTERNATIVE, REASONABLE ACCOMMODATABLE TO YOU, SUCH AS LARGE PRINT, BRAILLE, AUDIO COMPACT DISC, OR OTHER MEANS. TO REQUEST SUCH ALTERNATIVE, PLEASE CALL OUR OFFICES AT 516-763-3200. Plaintiff, Capital One Auto Finance (hereinafter "Plaintiff(s)") by its counsel, Sheldon May & Associates, P.C., as and for its Complaint against complaining against Defendant(s) Christopher M. McBride (hereinafter "Defendant(s)) alleges as follows: L Parties A. Plaintiff, Capital One Auto Finance, (hereinafter "Plaintiff) Upon information and belief, that all times hereinafter mentioned, the Plaintiff was and still is a corporation organized and existing under the laws of the State of its incorporation, and is duly authorized to conduct business in the State of New bank" York or qualifies as a "foreign pursuant to the relevant statues., duly authorized to conduct business in the State of New York and having an office and place of business located at 7933 Preston Road, Plano, Texas 75024. B. Upon information and belief, Christopher M. McBride is/are presently a resident(s) in the County of WESTCHESTER, State of New York with a last known address of 180 Lake Shore Drive, Pleasantville, New York 10570 H. Standing A. On February 12, 2022, the Defendant(s) executed in favor of and delivered to JJLG Motors Inc. (hereinafter "Dealer") a certain Retail Installment Contract (hereinafter "Contract") for the purchase of the: 2019 Jeep Compass Latitude, (V.LN. Number: 3C4NJDBB9KT594148) (hereinaller "Collateral") and the granting of a purchase money security interest therein to secure the payment of the sum of $19,519.53, payable with interest at the rate of 8.59% per annum, in equal monthly installments of $387.40 each, the first to be paid on March 29, 2022, and one (1) installment due on the same date of each successive month thereafter until paid in full. A true and accurate copy of the "A" Contract is annexed hereto as Exhibit and made part hereof. 1 of 4 FILED: WESTCHESTER COUNTY CLERK 02/29/2024 12:15 PM INDEX NO. 57739/2024 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 02/29/2024 B. Thereafter, the aforesaid Contract pursuant to its terms was duly assigned by the Dealer to the PlaintiiT herein for good and valuable consideration, and the Plaintiff is now the holder of the Contract. Plaintiff s security interest in the Collateral is reflected on the records of the Department of Motor Vehicles, State of New York. A true and accurate copy of the electronic certificate of "B" title is annexed hereto as Exhibit and made part hereof. HI. Borrower's Non-Payment A. Pursuant to the terms of the Contract, Defendant(s) was/were to pay the sum of $19,519.53, payable with interest at the rate of 8.59% per annum, in equal monthly installments of $387.40 each, the first to be paid on March 29, 2022, and one (1) installment due on the same date of each successive month thereafter until paid in full. B. HOWEVER, IN THE EVENT YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE OR THE DEBT HAS OTHERWISE BEEN DISPOSED OF IN THE BANKRUPTCY PROCEEDING YOU HAVE NO PERSONAL LIABILITY TO PAY ANY AMOUNTS DUE IN RELATION WITH THIS LOAN AND THIS ACTION IS SOLELY AN ACTION TO REPOSSESSION THE COLLATERAL AND NONE OF THE FOLLOWING PROVISIONS APPLY TO YOU. 1. The aforesaid Contract is now in default and payments past due from the month of March 29, 2023, in the sum of $387.40 each, plus contractual late charges thereon, have not been paid pursuant to the terms of said Contract, and the Plaintiff has elected to declare the entire balance on said Contract due in accordance with the terms thereof, and has duly demanded the contract balance or possession of the Collateral from the Defendant(s). A true and accurate copy of the demand letter forwarded to Defendant(s) is/are annexed "C" hereto as Exhibit and made part hereof. 2. As of the present time, Defendant(s) has/have failed, neglected and refused to pay the net balance due on said Contract which as the date of this Verified Complaint, was in the amount of $16,647.30 or return the Collateral and, accordingly, Plaintiff is now entitled to immediate possession of the Collateral or payment of the entire balance due. 3. Prior to the commencement of this action the Plaintiff duly demanded possession of the Collateral from Defendant(s) and Defendant(s) has/have failed, refused and neglected to deliver same to Plaintiff. A true and accurate copy of the demand letter forwarded to Defendant(s) is annexed hereto as "C" Exhibit and made part hereof. 4. Upon information and belief, Defendant(s) is/are in possession of the Collateral. 5. By virtue of the foregoing acts, conduct, and omissions on the part of Defendant(s), Plaintiff is entitled to immediate possession of the Collateral. IV. Relief Request A. Plaintiff seeks an Order of Seizure directing the Sheriff or any County within the State of New York to Seize the Collateral. B. By virtue of the foregoing acts, conduct and omissions on the part of Defendant(s), constituting breach of contract, Plaintiff has suffered damages in the amount of $16,647.30, together with interest thereon at the rate of 8.59% per annum. HOWEVER, IN THE EVENT YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE OR THE DEBT HAS OTHERWISE BEEN DISPOSED OF IN THE BANKRUPTCY 2 of 4 FILED: WESTCHESTER COUNTY CLERK 02/29/2024 12:15 PM INDEX NO. 57739/2024 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 02/29/2024 PROCEEDING YOU HAVE NO PERSONAL LIABILITY TO PAY ANY AMOUNTS DUE IN RELATION WITH THIS LOAN AND THIS ACTION IS SOLELY AN ACTION TO REPOSSESSION THE COLLATERAL. C. Defendant(s) pursuant to the terms and conditions of the Contract, and upon the attomeys' default by Defendant thereunder, agreed to pay reasonable fees, court costs, disbursements, and the like, incurred by Plaintiff as a result of having to retake the vehicle and enforce Plaintiffs rights under the Contract and which expenses include, but are not limited to, storage charges, reconditioning, and collection expenses. Plaintiff has been compelled to place the matter with its counsel for repossession and collection following the default by Defendant(s) under the terms and conditions of the Contract. By virtue of the foregoing acts, conduct and omissions on the part of Defendant(s), Plaintiff is entitled to recovery of all costs and disbursements incurred as a result of Defendant(s) default under the terms and conditions of the Contract, attorneys' including reimbursement of reasonable fees as may be allowed by the Court. D. Plaintiff contends if a Temporary Restraining Order is not granted, it is likely, based upon Defendant(s) conduct, that Plaintiff shall suffer immediate and irreparable injury, loss, and damage. WHEREFORE, Plaintiff, Capital One Auto Finance, demands judgment against Defendant(s) Christopher M. McBride (a) on its first cause of action for immediate possession of the Collateral above-mentioned; (b) on its second cause of action against Defendant(s) Christopher M. McBride for breach of contract in the amount of $16,647.30, together with interest at 8.59 per annum; (c) on its third cause of action against Defendant(s) Christopher M. McBride for reimbursement of attorneys' costs and disbursements, including reasonable fees as may be allowed by the Court; (d) for such other, further and different relief as to the Court may seem just and proper. Dated: February 29, 2024 Rockville Centre, New York /' Ted Eric May, Esq. Sheldon May & Associates, P.C. Attorneys for Plaintiff 255 Merrick Road Rockville Centre, New York 11579 763 - 3200 (516) 3 of 4 FILED: WESTCHESTER COUNTY CLERK 02/29/2024 12:15 PM INDEX NO. 57739/2024 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 02/29/2024 VERIFICATION opheA d bCtmago , being duly sworn, deposes and says that he is the C2 BPT C93 EAntocau (L for Capital One Auto Finance named in the within action; that he/she has read the foregoing Complaint and knows the contents thereof; and, that the same is true to his/her knowledge, except as to the matters therein stated to be alleged upon information and belief; and as to those matters, he/she believes it to be true. The grounds of his/her belief as to all matters not stated upon his/her knowledge are as follows: the books and records of said corporation. CAPITAL ONE AUTO FINANCE By: Ap).ex / ] $||TOM2S/t Printed Name Its: SR LPT Q% /fdympty&t.. Title STATE OF TEXAS ) ) COUNTY OF COLLIN ) Subscribed and swo to before me by ent of Capital One Auto Fin ce on this day of February 2024. m DEBRA LEWIS-BLACKMON Notary Public, State of TexaS NOTARY PUBLIC IN FOR ²-3²o7²Î² a 3 THE STATE OF TEXAS My Commission Expires: 2 3 7.J) 2.. 4 of 4