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Bankers Healthcare Group, LLC v. Jeanette L. Barzey-Brown d/b/a Jeanette L. Bar...

Docket 014318/2023, New York State, Onondaga County, Supreme Court (Dec. 21, 2023)
Robert E. Antonacci, presiding
Case TypeCommercial Division
TagsCommercial Division, Commercial, Civil
Plaintiff Bankers Healthcare Group, LLC
Defendant Jeanette L. Barzey-Brown d/b/a Jeanette L. Barzey-Brown, O.T.
Defendant Jeanette L. Barzey-brown
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LETTER / CORRESPONDENCE TO JUDGE (Motion #2)

Document Bankers Healthcare Group, LLC v. Jeanette L. Barzey-Brown d/b/a Jeanette L. Barzey-Brown, O.T. et al, 014318/2023, 29 (N.Y. Sup. Ct., Onondaga County May. 16, 2024)
Supreme Court Chambers OnondagaCounty Courthouse Room412 401 Montgomery Street Syracuse, NewYork 13202
22 NYCRR202.8-c, post submission, to address two procedural matters arising motion and cross-motion for summaryjudgment.
Jeanette I write pursuant to under the pending I wish to apologize to the Court for not including First, to 22NYCRR202.b.
with we date, counsel alleged that we had admitted on the eve of the return in his filing Secondly, is my each of his of material statements cross-motion.
While we feel and myAttorney is obvious from our Verified Answer, two Client Affidavits that we have contested we will each of be happy to Affirmation the purported "admissions", provide the Court with a statement of corresponding the Court will allow us a responses thereto if short period of time in which to do so.
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AFFIDAVIT OR AFFIRMATION IN REPLY (Motion #2)

Document Bankers Healthcare Group, LLC v. Jeanette L. Barzey-Brown d/b/a Jeanette L. Barzey-Brown, O.T. et al, 014318/2023, 28 (N.Y. Sup. Ct., Onondaga County May. 14, 2024)
Jordan R. Pavlus, Esq., an attorney duly admitted to practice law in the State of New York, hereby affirms under penalties of perjury as follows:
I am a partner with the firm of Byrne, Costello & Pickard, P.C., the attorneys for Bankers Healthcare Group, LLC (“BHG”), the plaintiff herein.
As stated in BHG’s opposition and cross-motion for summary judgment, it would presumably be very easy for defendants to produce a bank statement showing that they received $794.05 in net loan proceeds from the refinance transaction.
BHG has provided admissible evidence and carried its burden to prove that it is owed the amount sought in the complaint in this matter.
1 It must also be noted that even under defendants’ version of events, they would still owe BHG $47,516.31 (the refinance loan total), less any payments made, plus accrued interest (See paragraph 5 of defendants’ affidavit (NYSCEF Doc. No. 12)).
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AFFIDAVIT OR AFFIRMATION IN REPLY (Motion #2)

Document Bankers Healthcare Group, LLC v. Jeanette L. Barzey-Brown d/b/a Jeanette L. Barzey-Brown, O.T. et al, 014318/2023, 26 (N.Y. Sup. Ct., Onondaga County May. 13, 2024)
BARZEY-BROWN,being duly swom, states as follows: I am the Defendant and I make this Reply Affidavit in the above-titled based on action, myownpersonal knowledge of the facts and circumstances as well as myreview of recited herein
My then attomey objected again to the wrong of April payments being deducted and refuted the alleged which is contained in Exhibit B of Mr. Trainor's default via his letter 3, 2023, a copy of Affirmation of February 24, 22024, previously submitted.
attached hereto as Exhibit D, starts with "Congratulations on your The email then details the "5 steps needed to execute your loan documents", of all of which I complied with that day.
Clearly, had I not provided critical information which could the Senior Finance Manager would or "not closing", to confirm that myloan document package than emailing loan "expiring" have resulted in the refi surely have reached out to merather had been successfully completed and delivered.
For all these reasons, I request that the Court grant me summary judgement, as the loan that I'm being sued for (#305975) has been paid in full through the refinanced/new and award methe $4017.78 I overpaid to BHG.
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EXHIBIT(S) - A-G (Motion #2) EXHIBITS TO REPLY AFFIDAVIT

Document Bankers Healthcare Group, LLC v. Jeanette L. Barzey-Brown d/b/a Jeanette L. Barzey-Brown, O.T. et al, 014318/2023, 27 (N.Y. Sup. Ct., Onondaga County May. 13, 2024)
... Account Authentication Security (None) ...
... Account Authentication Security (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign ExhibitE FILED: ONONDAGA COUNTY CLERK 05/13/2024 01:15 PM NYSCEF DOC. NO.
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EXHIBIT(S) - B (Motion #2) answer

Document Bankers Healthcare Group, LLC v. Jeanette L. Barzey-Brown d/b/a Jeanette L. Barzey-Brown, O.T. et al, 014318/2023, 23 (N.Y. Sup. Ct., Onondaga County May. 8, 2024)
Answering Defendants deny knowledge or information sufficient to form a belief as to the allegations in Paragraphs "1" of the Complaint.
Denies the allegations "The Security Agreement provided BHG a security interest in all the right, title and interest of the Debtor in and to Accounts Receivable, Inventory, Instruments, Equipment, Intangibles, Accounts, Chattel Paper, Good Will, Fixtures, Specific Property, and All Property of Debtor and all proceeds thereof (collectively, the "Collateral")."
true, accurate, correct genuine copy of the Security Agreement is attached hereto as Exhibit
Answering Defendants admit the allegations in Paragraph "9" except denies the allegation "Moreover, the Note explicitly provides that any payment not made when due shall bear late thereon calculated at the rate of ten percent but not to excéed charges (10%) per month, the highest rate permitted by relevant law."
Answering Defendants deny knowledge and information sufficient to form a belief as to the allegations in Paragraph "19" of the Complaint.
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EXHIBIT(S) - A (Motion #2) summons and complaint

Document Bankers Healthcare Group, LLC v. Jeanette L. Barzey-Brown d/b/a Jeanette L. Barzey-Brown, O.T. et al, 014318/2023, 22 (N.Y. Sup. Ct., Onondaga County May. 8, 2024)
... provideaccommodationstoDebtorInconnectionwiththeDebtanditsrepaymentortheCollateral,itsvalue,releaseorsubs1Numan.Noneof as1hebasis of ...
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25

Document Bankers Healthcare Group, LLC v. Jeanette L. Barzey-Brown d/b/a Jeanette L. Barzey-Brown, O.T. et al, 014318/2023, 25 (N.Y. Sup. Ct., Onondaga County May. 8, 2024)

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