On June 10, 2021 a
Party Statement
was filed
involving a dispute between
Trustco Bank,
and
Anne M. Kuroly,
Catherine A. Schwabe,
John Doe,,
for Real Property - Mortgage Foreclosure - Residential
in the District Court of Rensselaer County.
Preview
FILED: RENSSELAER COUNTY CLERK 03/10/2022 09:48 AM INDEX NO. EF2021-269048
NYSCEF DOC. NO. 63 RECEIVED NYSCEF: 03/10/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF RENSSELAER
_______________________....__________..---------------
TRUSTCO BANK AFFIDAVIT OF
AT“ORNEYS'
FEES
Plaintiff
- against -
INDEX NO.: EF2021-
ANNE M. KUROLY; and CATHERINE A. SCHWABE 269048
MORTGAGED PROPERTY:
Defendant(s)
_____________--._________.._________..------------ 11 Rhode Island Ave
Rensselaer, NY 12144
COUNTY: Rensselaer
SBL #: 155.9-15-10
STATE OF NEW YORK )
) sS.:
COUNTY OF SARATOGA )
Linda L. Donovan, being duly sworn, deposes and says:
1. I am an attorney at law duly licensed to practice in the State of New York and a
partner with the firm of Overton, Russell, Doerr & Donovan, LLP, attorneys for the plaintiffherein.
attorneys'
2. I make this affidavit in support of the plaintiff's request for fees in this
foreclosure action.
3. Set forth below is a description of services which have been rendered for which
the plaintiff has been billed:
FEES BILLED
04/20/2021 Receipt and review of documentation from client; open file;
preparation of letters to borrowers, client and titlecompany (0.70
hours) $182.00
04/22/2021 Preparation of letter to county clerk (0.10 hours) $26.00
04/28/2021 Preparation of assignment of mortgage (0.30 hours) $78.00
04/29/21 Receipt and review of titlesearch; preparation of summons, verified
complaint for two causes of action, notice of pendency, and certificate
of merit (2.10 hours) . $546.00
05/20/2021 Preparation of affirmation of vacancy; receipt and review of recorded
assignment (0.30 hours) $78.00
06/10/2021 Telephone conference with titlecompany (0.20 hours) $52.00
07/08/2021 Preparation of supplemental notice of pendency and filing thereof
(0.30 · $87.00
hours)
08/24/21 Preparation of notice of motion to serve complaint by publication and
affidavit in support; draft proposed order (0.90 hours) $261.00
08/31/21 Receipt and review of order from court; locate newspaper in $116.00
Anne& Schwabe.Catherine\0ONFIRM-FRM
FAASDOCS\LINDAlFORECLOSURESlTRUSTCO\Kuroly, NEW2018.doc
1 of 2
FILED: RENSSELAER COUNTY CLERK 03/10/2022 09:48 AM INDEX NO. EF2021-269048
NYSCEF DOC. NO. 63 RECEIVED NYSCEF: 03/10/2022
Washington; preparation of letter to newspaper (0.40 hours)
09/01/2021 Email from and to newspaper (0.20 hours) $58.00
09/16/2021 Preparation of letter to defendant (0.20 hours) $58.00
10/05/2021 Preparation of notice of motion for default judgment and affirmation in
support, affidavit of amount due, and affidavit of regularity; draft
proposed order of reference (1.30 · $377.00
hours)
12/09/2021 Emails from and to court; preparation of motion to re-serve defendant
and affidavit in support; draft proposed order (0.80 hours) $232.00
12/17/2021 Receipt and review of order from court; preparation of letter to
newspaper (0.30 hours) $87.00
12/22/2021 Receipt of documentation from client; preparation of affirmation of
vacancy and letter to court (0.40 hours) $116.00
02/01/2022 Preparation of supplemental affidavit of regularity and letter to court
(0.50 hours) $145.00
02/24/2022 Receipt of order from court; preparation of notice of entry; preparation
of referee's oath and report; letter to referee (1.10 hours) $319.00
Unbilled Fees:
Receipt of letter from Referee; preparation of letter to county clerk.
ANTICIPATED LEGAL SERVICES
Preparation of motion to confirm report and supporting documents; draft of
proposed judgment and service and filing thereof; preparation of notice of sale, .
terms of sale and referee's oath and service thereof; calculation of upset price;
travel to and attendance at sale; draft of referee's report; preparation of motion to
confirm report, service and filingof the above; draft of order confirming report.
Anticipated Fees........................................................................................
$1,595.00
Unbilled Fees............................................................................................ $58.00
Fees Paid.................................................................................................
2,818.00
Anticipated Fees........................................................................................1.595.00
TOTAL FEES....................................................................................$4,471.00
attomeys'
4. Your deponent respectfully requests that it be granted fees in the
amount of $4,471.00.
Linda L. Donovan, Esq.
SWORN to before me this POLLACK
ANNA R.
State of New York
Notary Public,
day of , 2022. 01PO6385779
No.
Qualified in Saratoga County
14, 2023
Commission Expires January
NOTARY PUBLIC
Anne& Schwabe,Catherine\CONFIRM.FRM
F:\ASDOCS\LINDA\FORECLOSURES\TRUSTCO\Kuroly, NEW2018.doc
2 of 2
Document Filed Date
March 10, 2022
Case Filing Date
June 10, 2021
Category
Real Property - Mortgage Foreclosure - Residential
Status
Disposed-Court Date/Application Pending
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
FILED: RENSSELAER COUNTY CLERK 03/10/2022 09:48 AM INDEX NO. EF2021-269048 NYSCEF DOC. NO. 63 RECEIVED NYSCEF: 03/10/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF RENSSELAER _______________________....__________..--------------- TRUSTCO BANK AFFIDAVIT OF AT“ORNEYS' FEES Plaintiff - against - INDEX NO.: EF2021- ANNE M. KUROLY; and CATHERINE A. SCHWABE 269048 MORTGAGED PROPERTY: Defendant(s) _____________--._________.._________..------------ 11 Rhode Island Ave Rensselaer, NY 12144 COUNTY: Rensselaer SBL #: 155.9-15-10 STATE OF NEW YORK ) ) sS.: COUNTY OF SARATOGA ) Linda L. Donovan, being duly sworn, deposes and says: 1. I am an attorney at law duly licensed to practice in the State of New York and a partner with the firm of Overton, Russell, Doerr & Donovan, LLP, attorneys for the plaintiffherein. attorneys' 2. I make this affidavit in support of the plaintiff's request for fees in this foreclosure action. 3. Set forth below is a description of services which have been rendered for which the plaintiff has been billed: FEES BILLED 04/20/2021 Receipt and review of documentation from client; open file; preparation of letters to borrowers, client and titlecompany (0.70 hours) $182.00 04/22/2021 Preparation of letter to county clerk (0.10 hours) $26.00 04/28/2021 Preparation of assignment of mortgage (0.30 hours) $78.00 04/29/21 Receipt and review of titlesearch; preparation of summons, verified complaint for two causes of action, notice of pendency, and certificate of merit (2.10 hours) . $546.00 05/20/2021 Preparation of affirmation of vacancy; receipt and review of recorded assignment (0.30 hours) $78.00 06/10/2021 Telephone conference with titlecompany (0.20 hours) $52.00 07/08/2021 Preparation of supplemental notice of pendency and filing thereof (0.30 · $87.00 hours) 08/24/21 Preparation of notice of motion to serve complaint by publication and affidavit in support; draft proposed order (0.90 hours) $261.00 08/31/21 Receipt and review of order from court; locate newspaper in $116.00 Anne& Schwabe.Catherine\0ONFIRM-FRM FAASDOCS\LINDAlFORECLOSURESlTRUSTCO\Kuroly, NEW2018.doc 1 of 2 FILED: RENSSELAER COUNTY CLERK 03/10/2022 09:48 AM INDEX NO. EF2021-269048 NYSCEF DOC. NO. 63 RECEIVED NYSCEF: 03/10/2022 Washington; preparation of letter to newspaper (0.40 hours) 09/01/2021 Email from and to newspaper (0.20 hours) $58.00 09/16/2021 Preparation of letter to defendant (0.20 hours) $58.00 10/05/2021 Preparation of notice of motion for default judgment and affirmation in support, affidavit of amount due, and affidavit of regularity; draft proposed order of reference (1.30 · $377.00 hours) 12/09/2021 Emails from and to court; preparation of motion to re-serve defendant and affidavit in support; draft proposed order (0.80 hours) $232.00 12/17/2021 Receipt and review of order from court; preparation of letter to newspaper (0.30 hours) $87.00 12/22/2021 Receipt of documentation from client; preparation of affirmation of vacancy and letter to court (0.40 hours) $116.00 02/01/2022 Preparation of supplemental affidavit of regularity and letter to court (0.50 hours) $145.00 02/24/2022 Receipt of order from court; preparation of notice of entry; preparation of referee's oath and report; letter to referee (1.10 hours) $319.00 Unbilled Fees: Receipt of letter from Referee; preparation of letter to county clerk. ANTICIPATED LEGAL SERVICES Preparation of motion to confirm report and supporting documents; draft of proposed judgment and service and filing thereof; preparation of notice of sale, . terms of sale and referee's oath and service thereof; calculation of upset price; travel to and attendance at sale; draft of referee's report; preparation of motion to confirm report, service and filingof the above; draft of order confirming report. Anticipated Fees........................................................................................ $1,595.00 Unbilled Fees............................................................................................ $58.00 Fees Paid................................................................................................. 2,818.00 Anticipated Fees........................................................................................1.595.00 TOTAL FEES....................................................................................$4,471.00 attomeys' 4. Your deponent respectfully requests that it be granted fees in the amount of $4,471.00. Linda L. Donovan, Esq. SWORN to before me this POLLACK ANNA R. State of New York Notary Public, day of , 2022. 01PO6385779 No. Qualified in Saratoga County 14, 2023 Commission Expires January NOTARY PUBLIC Anne& Schwabe,Catherine\CONFIRM.FRM F:\ASDOCS\LINDA\FORECLOSURES\TRUSTCO\Kuroly, NEW2018.doc 2 of 2