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Liens and Judgements Against
Consumers Buyline Inc. in New York
According
to the testimony of Julie Ray, Clerk at Saratoga County Supreme Court, 40
McMaster Street, Ballston Spa, New York, the following liens and judgements
were "unsatisfied" as of January 7, 2003.
The NYS Tax Commission
$41,991,
filed on 05/15/1998, docket 982641
$50,
files on 05/02/1996, docket E004220838W0034
$47,613,
files on 01/08/1996, docket 9675
$34,090,
filed on 01/08/1996, docket 9676
Total due the NYS Tax
Commission: $123,654
Gunn & Associates
On
March 14, 1994, a company called Gunn & Associates obtained a judgment
against CBI for a debt of $157,185 "for goods sold and delivered and for
work, labor and services performed in connection therewith."
CBI
Vice-President, Karen Unterreiner, agreed in writing to send a weekly check in
the amount of $1250 until the balance owed is paid off. CBI began payments,
but, after paying $33,950 toward the debt, failed to comply with the terms of
the stipulation.
In
September of 1994, Gunn & Associated returned to court and obtained another
judgment for the balance due, $123,235.
As
of January 7, 2003, the Supreme Court in Saratoga County said that this debt
remains "unsatisfied."
Total due: $246,889
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NATIONAL LEGAL SUPPLY, INC. 66 Beaver St., Albany, N.Y. 12207 |
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APPLICATION FOR INDEX
NUMBER |
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SARATOGA COUNTY CLERK |
INDEX NUMBER |
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Application for INDEX NUMBER Chapter 33, Laws of 1977. FEE $ 170.00 |
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Spaces below to be TYPED
OR PRINTED by applicant. |
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TITLE OF ACTION OR PROCEEDING |
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GUNN ASSOCIATES, INC., |
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VS. |
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CONSUMERS'
BUYLINE, INC., |
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TYPE BELOW NAME AND ADDRESS OF ATTORNEY(S) FOR PLAINTIFF(S) RICHARD J. MILLER &
ASSOCIATES, P.C. 14 Corporate Woods
Boulevard Albany, New York 12211 |
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TYPE BELOW NAME AND ADDRESS OR ATTORNEY(S) FOR DEFENDANT(S) |
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STATE
OF NEW YORK |
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SUPREME
COURT |
SARATOGA
COUNTY |
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GUNN
ASSOCIATES, INC. , |
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Plaintiff,
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-against- |
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AFFIRMATION |
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CONSUMERS'
BUYLINE, INC., |
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Defendant.
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RUDOLPH J. MEOLA, under penalties of perjury, affirms and says:
1. I am an attorney at law duly
admitted to practice in this Court and of Counsel with Richard J. Miller &
Associates, P.C., the attorney of record for the plaintiff herein.
2. On or about March 14,1994, the
defendant signed the stipulation annexed hereto.
3. The defendant has failed to comply
with the terms of said stipulation, having paid only $33,950.00, $0.00 of which
was applied to interest to September 16, 1994 and $ 33,950.00 to principal,
leaving a balance due of $123,235.00 with interest from September 16, 1994.
Dated: Albany,
New York
September
20, 1994
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Rudolph
J. Meola RICHARD
J. MILLER& ASSOCIATES, P.C. Attorney
for Plaintiff 14
Corporate Woods Boulevard Albany,
New York 12211 Phone: (518) 465-7591 |
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STATE
OF NEW YORK |
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SUPREME
COURT |
SARATOGA
COUNTY |
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GUNN
ASSOCIATES, INC. , |
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Plaintiff,
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-against- |
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COMPLAINT |
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CONSUMERS'
BUYLINE, INC., |
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Defendant.
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Plaintiff
alleges upon information and belief:
1.
Plaintiff
is a domestic corporation.
2.
Defendant
submits to the jurisdiction of this Court pursuant to written
stipulation.
3.
Defendant
owes plaintiff $157,185.00, balance due as of august 11,1993,
for goods sold and delivered and for work, labor and
services performed in connection therewith.
WHEREFORE
plaintiff demands judgment against the defendant in the sum of $157,185.00,
with interest, costs and disbursements.
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RICHARD
J. MILLER& ASSOCIATES, P.C. Attorney
for Plaintiff 14
Corporate Woods Boulevard Albany,
New York 12211 Phone: (518) 465-7591 |
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STATE
OF NEW YORK |
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SUPREME
COURT |
SARATOGA
COUNTY |
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GUNN
ASSOCIATES, INC. , |
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Plaintiff,
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STIPULATION |
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CONSUMERS'
BUYLINE, INC., |
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Defendant.
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The plaintiff, claiming that
the defendant is indebted to it in the sum of $157,185.00, balance due for
goods sold and delivered and for work, labor and services performed in
connection therewith, pursuant to the terms of the parties' agreement, and the
parties having full knowledge of the facts on which the claim is based and
wanting to settle any and all claims and/or counterclaims arising out of this
or any related transaction;
IT IS HEREBY STIPULATED AND AGREED the all such actions
are settled according to the terms set forth below:*
1. The
defendant, Consumers' Buyline, Inc., appears generally by itself and waives
service of a summons and complaint in this action.
2. $157,185.00,
without interest, is the amount to be paid to the plaintiff by the defendant,
with an initial payment of $10,000.00 and $1250.00 per week thereafter, until
the sum of $157,185.00 is paid. Payments are to be made to the plaintiff either
by electronic transfer or overnight mail at its offices located at 900 Third
Avenue, New York, New York 10022.
3. The initial payment of $10,000.00 is to be made on or
Before March 15, 1994, and the subsequent installments of $1250.00 are to be
made on or before Tuesday of each week thereafter, unless a holiday falls on
the first or second day of the week then a check will be issued on the
following day of such holiday, commencing March 11, 1994, until the total sum
of $157,185.00 shall have been paid.
*To incorporate by reference
those certain terms set forth in a letter dated March 10, 1994 addressed to
Gunn Associates, Inc. and signed by the parties named, annexed hereto and made
a part hereof as "Addendum A".
4. In the event of non-payment of any installment for one
week, plaintiff may enter judgment, without notice, in the amount of
$157,185.00, with interest, the full amount claimed to be due and owing to the
plaintiff, less that amount which the defendant has paid hereunder, plus costs
and disbursements.
5. In the
even that the default occurs after one year has elapsed, plaintiff may
nevertheless enter judgment without the permission of the Court, in accordance
with the terms set forth in this stipulation, the provisions of CPLR 3215 ( c ) being hereby waived.
6. No
extension of time for the payment of all or any part of the amount owing
hereunder at any time shall affect any liability with respect hereto. Failure
of the plaintiff to enforce any right it may have under this stipulation shall
not be considered a waiver, but mere forbearance. Demand and presentment for
payment, notice of dishonor of this instrument and all diligence are hereby
expressly waived.
7.
Upon
all payments having been made pursuant to the terms of this
stipulation, the action
shall be discontinued on the merits, without prejudice and without costs.
Dated: New York, New York
March 14, 1994
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GUNN ASSOCIATES, INC. |
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By:
________________________________________________ |
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Robert T. Gunn President |
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STATE OF NEW YORK |
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COUNTY OF NEW YORK |
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On this day of March, 1994, before me personally same
Robert T. Gunn, to me personally known, who being by me duly sworn, did depose
that he resides at 340 East 65th St. NYC. (if place of residence is
in a city, include the street and street number, if any thereof); that he is
the President of Gunn Associates, Inc., the corporation described in and which
executed the about instrument; and that he signed his name hereto by order of
the Board of Directors of said corporation.
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________________________________________________ |
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NOTARY PUBLIC |
Dated: Clifton
park, New York
March , 1994
CONSUMERS' BUYLINE, INC.
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By:
________________________________________________ |
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Karen Unterreiner Vice-President |
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STATE OF NEW YORK |
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COUNTY OF SARATOGA |
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On this day
of March, 1994, before me personally came Karen Unterreiner, to me personally
known, who being by me duly sworn, did depose and say that she resides at (if place
of residence is in a city, include the street and street number, if any
thereof); that she is the Vice-President of Consumers' Buyline, Inc., the
corporation described in and which executed the above instrument; and that she
signed her name hereto by order of the Board of Directors of said corporation.
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________________________________________________ |
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NOTARY PUBLIC |
RM/n1
March 10, 1994
Gunn Associates, Inc.
Mr. Bob Gunn
900-2 Ave. 26th floor
NY, NY 10022
Dear Bob,
Pursuant to our conversations, this document is to
serve as an agreement between Gun Associates, Inc. and Consumers' Buyline, Inc.
To satisfy any and all outstanding debt and claims
due to Gunn Associates, Inc. by Consumers' Buyline, Inc., the parties agree as
follows:
Terms:
1.
Gunn
Associates, Inc. will receive a check in the amount of $10,000 due and payable
from Consumers' Buyline, Inc. no later than March 15, 1994.
2. Consumers' Buyline, Inc. will pay Gunn Associates, Inc. a
weekly check in the amount of $ 1250
until the balance of $117,000
has been paid in full. All checks will be sent by Consumers' Buyline, Inc. no
later than the 2nd day of a given week in a calendar year. If a
holiday falls within the first or second day of a week, a check will be issued
on the following day of such holiday.
Gunn Associates, Inc. accepts the above terms and
conditions in full consideration and satisfaction of any and all debt owed by
Consumers' Buyline, Inc.
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Gunn
Associates, Inc.
Date |
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Consumers' Buyline, Inc. Date |
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STATE
OF NEW YORK |
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SUPREME
COURT |
SARATOGA
COUNTY |
File
#: D9401212 |
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GUNN
ASSOCIATES, INC. , |
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Plaintiff
(s), |
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-against- |
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DEFAULT
JUDGMENT |
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CONSUMERS'
BUYLINE, INC., |
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Defendant
(s). |
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Amount
claimed in complaint |
$157,185.00 |
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Attorney's
Fees |
$ 0.00 |
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Paid
on Account. |
$ 33,950.00 |
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Interest... |
$ 91.16 |
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Damages... |
$123,326.16 |
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Costs
by Statute. |
$200.00 |
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Service
of Process.. |
$ 0.00 |
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Clerk's
Fees (index number).. |
$170.00 |
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Transcript,
docketing and certificates |
$ 0.00 |
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Sheriff's
fees on Execution and mileage |
$ 22.58 |
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Postage
(estimated) |
$ 5.00 |
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Total
Costs.. |
$ 397.58 |
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TOTAL
JUDGMENT |
$123,723.74 |
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Rudolph J. Meola, of counsel to the attorney of
record, under penalties of perjury affirms:
the above disbursements and attorney's fees have been or necessarily
will be incurred and are reasonable; defendant, Consumers' Buyline, Inc., has
entered into a stipulation for installment payments and has defaulted pursuant
to its terms, all as I believe.
Albany, New York
September 19, 1994
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s/ Rudolph J. Meola |
The stipulation for installment payments having been
duly signed on March 14, 1994, by the defendant, Consumers' Buyline, Inc., and
defendant having defaulted pursuant to its terms;
NOW, on motion of RICHARD J. MILLER &
ASSOCIATES, P.C., it is ADJUSTED that the plaintiff (s) recover of the
defendant (s)
CONSUMERS'
BUYLINE, INC.
$ 123,326.16, the amount claimed with interest,
together with
$ 397.58,
costs, disbursements and fees as taxed, totaling:
$123,723.74, and that the plaintiff(s) have
execution thereof.
____________________COUNTY
CLERK
Address of Plaintiff(s) : RICHARD J. MILLER & ASSOCIATES,
P.C.
900 Third Avenue, 26th Fl. Attorney for Plaintiff(s)
New York, NY
10022 14
Corporate Woods Boulevard
Albany,
NY 12211
Address of Defendant(s) : Phone: (518) 465-7591
100 Sitterly Road
Clifton Park, NY
12065