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ESL Federal Credit Uni V CRC
ESL Federal Credit Uni V CRC
E2024004498
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/12/2024
Plaintiff, SUMMONS
v. Index No.
Defendant.
________________________________________________
YOU ARE HEREBY SUMMONED and required to serve upon Plaintiff’s attorney an
Answer to the Complaint in this action within twenty (20) days after the service of this Summons,
exclusive of the day of service, or within thirty (30) days after service is complete if this Summons
is not personally delivered to you within the State of New York. In case of your failure to answer,
judgment will be taken against you by default for the relief demanded in the Complaint.
The basis of venue in this action is the Plaintiff’s principal place of business and the
residence and principal place of business of the Defendant.
BY:
David M. Capriotti, Esq.
333 West Washington Street, Suite 200
Syracuse, New York 13202
Telephone: (315) 423-7100
DEFENDANT’S ADDRESS:
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Defendant.
________________________________________________
Plaintiff, ESL Federal Credit Union, by and through its attorneys, Harris Beach PLLC, as
and for its Complaint against Defendant, Community Resource Collaborative, Inc., hereby alleges
as follows:
transact business by the National Credit Union Association and authorized to transact business
within the State of New York with its principal place of business located at 225 Chestnut Street,
(“Defendant”) is a corporation, organized and existing under the laws of the State of New York
with its principal place of business located at 100 College Ave, Suite 130, Rochester, NY 14607.
Plaintiff evidencing a term loan in the principal amount of $32,200.00 and memorializing the terms
of the loan. A copy of the Business Loan Agreement is attached here to as Exhibit “A”.
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to a promissory note (“Term Note”) evidencing the $32,200.00 indebtedness to Plaintiff. A copy
5. By executing the Business Loan Agreement and Term Note, Defendant bound
themselves, their successors, their administrators, their assigns, their officers, and each and every
one of them, jointly and severally, to pay Plaintiff the amount of the Term Note according to the
6. On or about April 1, 2023, as security for the payment of the Term Note, Defendant
executed a Commercial Security Agreement which granted Plaintiff a security interest in certain
collateral, such as an Epson SC-F2100 Direct to Garment Printer White Edition, a Tajima Single
Head Embroidery Machine, accounts and inventory of Defendant, and collateral more particularly
8. Under the terms of the Term Note, the loan was to be repaid in 36 monthly
payments of $995.26, with the first payment due on June 1, 2023. See Exhibit “B”.
9. By letter dated February 13, 2024, Plaintiff demanded payment on Loan I from
13. There remains an outstanding balance on the loan of $24,883.20, along with interest
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14. On or about August 25, 2023, Defendant executed a Business Loan Agreement with
Plaintiff evidencing a revolving line of credit in the principal amount of $125,500.00 and
memorializing the terms of the loan. A copy of the Business Loan Agreement is attached hereto
as Exhibit “E”.
15. On or about August 25, 2023, Defendant borrowed $125,500.00 from Plaintiff
16. By executing the Business Loan Agreement and Promissory Note, Defendant
bound themselves, their successors, their administrators, their assigns, their officers, and each and
every one of them, jointly and severally, to pay Plaintiff the amount of Promissory Note according
17. On or about August 25, 2023, as security for the payment of Promissory Note,
Defendant executed a Commercial Security Agreement which granted Plaintiff a security interest
in certain collateral, such as accounts and inventory of Defendant, and collateral more particularly
19. Under the terms of the Promissory Note, Defendant was to pay regular monthly
payments of all accrued unpaid interest due as of each payment, beginning September 15, 2023,
with all subsequent interest payments to be due on the same day of each month after that. See
Exhibit “F”.
20. By letter dated February 13, 2024, Plaintiff demanded payment on Loan II from
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24. There remains an outstanding balance on the loan of $124,445.49, along with
25. On or about February 15, 2023, Plaintiff approved Defendant’s request for a
business credit card (“Business Credit Card”) with the principal amount/maximum limit of
$5,000.00 and a variable rate of interest. A copy of the Business Credit Card Agreement and
26. Borrower did charge the maximum amount of $5,000.00 on the Business Credit
Card.
27. By letter dated February 13, 2024, Plaintiff demanded payment on the Business
31. Borrower did not respond to Plaintiff’s demand for payment and has been in default
32. There remains an outstanding balance on the Business Credit Card of $5,313.51,
along with interest at the rate of 15.24%, beginning on February 13, 2024.
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33. On or about August 22, 2023, Plaintiff approved Defendant’s request for a business
overdraft line of credit (“Business Overdraft Line of Credit”) with the principal amount/maximum
limit of $5,000.00. A copy of the Business Overdraft Line of Credit Agreement and Approval
34. Plaintiff did disburse $5,000.00 to Defendant under the Business Overdraft Line
of Credit.
35. By letter dated February 13, 2024, Plaintiff demanded payment on the Business
39. There remains an outstanding balance on the Business Overdraft Line of Credit of
$5,104.28, along with interest at the rate of 17.90%, beginning on February 13, 2024.
40. On or about January 25, 2023, Defendant opened a business checking account
(“Business Checking Account”) with Plaintiff. A copy of the Business Checking Account
Agreement evidencing the terms of the Business Checking Account is attached as Exhibit “J.”
41. As of February 2, 2024, Defendant has overdrawn on the Checking Account in the
amount of $29,139.22.
42. By letter dated February 13, 2024, Plaintiff demanded payment on the Checking
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of March 4, 2024.
48. Plaintiff repeats and realleges the allegations contained in paragraphs 1 through 47
49. The Business Loan Agreement, Term Note, and Commercial Security Agreement
(“Loan Documents”) constitute a valid and binding agreement between Plaintiff and Defendant.
50. In failing to make the required monthly payments on the loan, Defendant has
51. Plaintiff has fully performed its obligations under the Loan Documents.
52. Plaintiff is entitled to payment of the full remaining balance due under the Loan
Documents from Defendant, along with applicable interest and attorney’s fees and costs.
the amount of $24,883.20, along with interest at the rate of 6.590% on the unpaid principal balance
from February 23, 2024, along with costs, disbursements, and attorney’s fees.
54. Plaintiff repeats and realleges the allegations contained in paragraphs 1 through 53
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55. The Business Loan Agreement, Promissory Note, and Commercial Security
Agreement (“Loan Documents”) constitute a valid and binding agreement between Plaintiff and
Defendant.
56. In failing to make the required regular monthly payments of all accrued unpaid
interest due on the loan, Defendant has breached the contract with Plaintiff.
57. Plaintiff has fully performed its obligations under the Loan Documents.
58. Plaintiff is entitled to payment of the full remaining balance due under the Loan
Documents from Defendant, along with applicable interest and attorney’s fees and costs.
the amount of $124,445.49, along with interest at the rate of 9.50% on the unpaid principal balance
from February 23, 2024, along with costs, disbursements, and attorney’s fees.
60. Plaintiff repeats and realleges the allegations contained in paragraphs 1 through 59
61. The Business Credit Card Agreement constitutes a valid and binding agreement
62. In failing to make the required monthly payments on the loan, Defendant has
63. Plaintiff has fully performed its obligations under the Business Credit Card
Agreement.
64. Plaintiff is entitled to payment of the full remaining balance due under the Business
Credit Card Agreement from Defendant, along with applicable interest and attorney’s fees and
costs.
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the amount of $5,313.51, along with accrued interest at the rate of 15.24% on the unpaid principal
balance from February 23, 2024, along with costs, disbursements, and attorney’s fees.
66. Plaintiff repeats and realleges the allegations contained in paragraphs 1 through 65
67. The Business Overdraft Line of Credit Agreement and Approval Letter constitutes
68. In failing to make the required monthly payments on the Business Overdraft Line
of Credit, Defendant has breached the Business Overdraft Line of Credit Agreement with Plaintiff.
69. Plaintiff has fully performed its obligations under the Business Overdraft Line of
Credit Agreement.
70. Plaintiff is entitled to payment of the full remaining balance due under the Business
Overdraft Line of Credit from Defendant, along with applicable interest and attorney’s fees and
costs.
the amount of $5,104.28, along with interest at the rate of 17.90% on the unpaid principal balance
from February 23, 2024, along with costs, disbursements, and attorney’s fees.
72. Plaintiff repeats and realleges the allegations contained in paragraphs 1 through 71
73. Defendant has overdrawn the Checking Account in the amount of $29,016.08.
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74. Plaintiff is entitled to payment of the full overdrawn amount, along with applicable
the amount of $29,016.08, along with accrued interest on the unpaid principal balance from March
A. Judgment against Defendant under the first cause of action in the amount of
$24,883.20, plus late fees thereon at the rate of six point five nine percent (6.95%)
B. Judgment against Defendant under the second cause of action in the amount of
$124,445.49, plus late fees thereon at the rate of nine point five percent (9.5%) from
C. Judgment against Defendant under the third cause of action in the amount of
$5,313.51, plus late fees thereon at the rate of six point seven four percent (6.74%)
D. Judgment against Defendant under the fourth cause of action in the amount of
$5,104.28, plus late fees thereon at the rate of sixteen percent (17.90%) from
E. Judgment against Defendant under the fifth cause of action in the amount of
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C. For such other and further relief as this court may deem just and proper.
____________________________
David M. Capriotti, Esq.
Attorneys for Plaintiff
333 West Washington Street, Suite 200
Syracuse, New York 13202
Tel: 315-423-7100
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VERIFICATION
Alan Heizmann, being duly sworn, deposes and says that deponent is the Sr. Portfolio
Analyst & Credit Approver with ESL Federal Credit Union, the credit union named in the within
action; that deponent has read the foregoing Verified Complaint and knows the contents thereof;
and that the same is true to deponent's own knowledge, except as to the matters therein stated to
be alleged upon information and belief, and as to those matters deponent believes it to be true.
This Verification is made by deponent because ESL Federal Credit Union is a banking
institution and deponent is its Sr. Portfolio Analyst & Credit Approver.
Deponent further says that the grounds of deponent's belief as to all matters in the Verified
Complaint not stated to be upon deponent's knowledge, and are based on documentary evidence
By:
Ålan Hei afiI
Sr. Port lio Analyst & Credit Approver
JOEL DUTTON
Notary Public, State of New York
No. 01DU6403029
Qualified in Monroe
County
Commission Expires
January 13, 20_c
otafy Public
HARRISBEACHE
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