New City Funding Corp. v. Foster

• Decision Date: 03 May 2022
• Docket Number: 2022-50343,Index 0162-20
• Parties: New City Funding Corp., Plaintiff, v. Tammy P. Foster, Defendant.
• Court: New York City Court

New City Funding Corp., Plaintiff,
v.
Tammy P. Foster, Defendant.

No. 2022-50343

Index No. 0162-20

City Court of Mount Vernon

May 3, 2022

Unpublished Opinion

Lacy Katzen, LLP Attorney for Plaintiff

Tammy P. Foster Defendant pro se

HON. LYNDON D. WILLIAMS CITY JUDGE OF MOUNT VERNON

In this action seeking to recover the alleged unpaid balance due for a retail installment contract the plaintiff moves for summary judgment. The defendant submitted an answer to the complaint and filed a one page opposition to the instant motion. Plaintiff filed a reply and an affidavit in further support in response to defendant's allegations in her opposition.

In support of the motion, the plaintiff has submitted the affidavit of Alisson Mendoza, the Collection Manager of the plaintiff. Ms. Mendoza asserts in her affidavit that she has access to the records of New City Funding Corp. and that her knowledge of the underlying facts is based upon her review of plaintiff's records kept in the regular course of business. Ms. Mendoza affirms that on April 8, 2017 the defendant entered into a retail installment contract for the purchase of a used vehicle pursuant to which defendant was obligated to repay an auto loan by making thirty-six (36) monthly installment payments of $306.05, inclusive of interest at a rate of $24.95%, after making a down payment of $3, 083.00, for a total contract price of $10, 296.00. Each monthly payment was to be made on the 8th of each month with the first payment to be made starting on May 8, 2017. The contract further provides for a late charge of 5% of any payment made more than ten (10) days after the due date. A copy of the retail installment contract signed by the defendant is attached to the plaintiff's moving papers as Exhibit "A". Ms. Mendoza further affirms that following the entry of the contract and "it became apparent that the defendant would not or could continue making payments", plaintiff repossessed the vehicle. ^[1] Defendant made her last payment of $300.00 on January 8, 2018. A copy of the defendant's payment history is attached as Exhibit "B". Ms. Mendoza affirms that defendant was notified of the repossession and sale as well as advised of her rights to redeem or reinstate the subject vehicle. A copy of the notice sent to defendant regarding the repossession and sale are attached to plaintiff's moving papers as Exhibit "C". The notice is dated February 13, 2018 and states that the vehicle will be sold on or after...