Preview
FILED: KINGS COUNTY CLERK 12/07/2023 10:57 AM INDEX NO. 535781/2023
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/07/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
------------------------------------------------------------
26 COURT ASSOCIATES, LLC, Index No:
Plaintiff, Summons
-against-
Plaintiff’s Address:
26 Court Street
Suite 606
Brooklyn, NY 11242
COLLEEN CUMBERBATCH
A/K/A COLYN CUMBERBATCH The basis of the venue designated is:
Defendant. Plaintiff’s Address
------------------------------------------------------------
To the above-named defendant:
YOU ARE HEREBY SUMMONED and required to submit to plaintiff’s attorney your
answering papers on this motion within the time provided in the notice of motion annexed
hereto. In case of your failure to submit answering papers, summary judgment will be taken
against you by default for the relief demanded in the notice of motion.
The basis of the venue designated is Kings County, New York, as it is the county of
Plaintiff’s principal place of business.
Dated: Cedarhurst, New York
December 7, 2023 Joseph Obermeister, Attorney-At-Law
Attorney for Plaintiff
_________________________________
By: Joseph Obermeister, Esq.
555 Willow Avenue
Cedarhurst, New York 11516
T: 516-730-7401 F: 516-224-9364
Defendants’ Address
Colleen Cumberbatch
a/k/a Colyn Cumberbatch
602 Willoughby Street
Brooklyn, NY 11206
1 of 2
FILED: KINGS COUNTY CLERK 12/07/2023 10:57 AM INDEX NO. 535781/2023
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/07/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
----------------------------------------------------------------X
26 COURT ASSOCIATES, LLC
Index No.
Plaintiff
-against- NOTICE OF MOTION
FOR SUMMARY JUDGMENT IN
LIEU OF COMPLAINT
COLLEEN CUMBERBATCH A/K/A COLYN
CUMBERBATCH
Defendant.
----------------------------------------------------------------X
Upon the summons, dated December 7, 2023, exhibits annexed hereto, the affirmation of
Joseph Schachter dated June 8, 2023, the affirmation of Joseph Obermeister, dated December 7,
2023, attorney for the plaintiff herein, will move this Court, at an IAS Part, at the Courthouse
located at 360 Adams Street, Brooklyn, New York in the County of Kings, on February 5, 2024
at 9:30 a.m. in the forenoon, or a soon as counsel may be heard, for an order:
A) Directing the entry of judgment for the plaintiff and against the defendant
in the amount of $47,000.00, with interest from July 1, 2022 and for such
other and further relief as to the court may seem just and proper, plus
costs, upon the ground that this action is based upon a promissory note,
whereby Defendants agree that they owe an absolute and actual debt of
$47,000.00 but have failed to pay the money back.
Take further notice that all answering papers shall be served on the undersigned on or
before the 10th day after personal delivery of the summons to you; on or before the 20th day
after substitute service pursuant to CPLR 308(2) of the Summons is effectuated; or on or before
the 30th day after service under CPLR 308(4) is complete.
Dated: Cedarhurst, New York
December 7, 2023
Joseph Obermeister, Attorney-At-Law
Attorney for Plaintiff
_________________________________
TO: Joseph Obermeister
Colleen Cumberbatch a/k/a Colyn By: Joseph Obermeister, Esq.
LIEU
555 Willow OF COMPLAINT
Avenue
Cumberbatch
602 Willoughby Street Cedarhurst, New York 11516
Brooklyn, NY 11206 T: 516-730-7401 | F: 516-224-9364
2 of 2
Preview
FILED: KINGS COUNTY CLERK 12/07/2023 10:57 AM INDEX NO. 535781/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/07/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ------------------------------------------------------------ 26 COURT ASSOCIATES, LLC, Index No: Plaintiff, Summons -against- Plaintiff’s Address: 26 Court Street Suite 606 Brooklyn, NY 11242 COLLEEN CUMBERBATCH A/K/A COLYN CUMBERBATCH The basis of the venue designated is: Defendant. Plaintiff’s Address ------------------------------------------------------------ To the above-named defendant: YOU ARE HEREBY SUMMONED and required to submit to plaintiff’s attorney your answering papers on this motion within the time provided in the notice of motion annexed hereto. In case of your failure to submit answering papers, summary judgment will be taken against you by default for the relief demanded in the notice of motion. The basis of the venue designated is Kings County, New York, as it is the county of Plaintiff’s principal place of business. Dated: Cedarhurst, New York December 7, 2023 Joseph Obermeister, Attorney-At-Law Attorney for Plaintiff _________________________________ By: Joseph Obermeister, Esq. 555 Willow Avenue Cedarhurst, New York 11516 T: 516-730-7401 F: 516-224-9364 Defendants’ Address Colleen Cumberbatch a/k/a Colyn Cumberbatch 602 Willoughby Street Brooklyn, NY 11206 1 of 2 FILED: KINGS COUNTY CLERK 12/07/2023 10:57 AM INDEX NO. 535781/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/07/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ----------------------------------------------------------------X 26 COURT ASSOCIATES, LLC Index No. Plaintiff -against- NOTICE OF MOTION FOR SUMMARY JUDGMENT IN LIEU OF COMPLAINT COLLEEN CUMBERBATCH A/K/A COLYN CUMBERBATCH Defendant. ----------------------------------------------------------------X Upon the summons, dated December 7, 2023, exhibits annexed hereto, the affirmation of Joseph Schachter dated June 8, 2023, the affirmation of Joseph Obermeister, dated December 7, 2023, attorney for the plaintiff herein, will move this Court, at an IAS Part, at the Courthouse located at 360 Adams Street, Brooklyn, New York in the County of Kings, on February 5, 2024 at 9:30 a.m. in the forenoon, or a soon as counsel may be heard, for an order: A) Directing the entry of judgment for the plaintiff and against the defendant in the amount of $47,000.00, with interest from July 1, 2022 and for such other and further relief as to the court may seem just and proper, plus costs, upon the ground that this action is based upon a promissory note, whereby Defendants agree that they owe an absolute and actual debt of $47,000.00 but have failed to pay the money back. Take further notice that all answering papers shall be served on the undersigned on or before the 10th day after personal delivery of the summons to you; on or before the 20th day after substitute service pursuant to CPLR 308(2) of the Summons is effectuated; or on or before the 30th day after service under CPLR 308(4) is complete. Dated: Cedarhurst, New York December 7, 2023 Joseph Obermeister, Attorney-At-Law Attorney for Plaintiff _________________________________ TO: Joseph Obermeister Colleen Cumberbatch a/k/a Colyn By: Joseph Obermeister, Esq. LIEU 555 Willow OF COMPLAINT Avenue Cumberbatch 602 Willoughby Street Cedarhurst, New York 11516 Brooklyn, NY 11206 T: 516-730-7401 | F: 516-224-9364 2 of 2