On June 10, 2021 a
Motion-Secondary
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 08/24/2021 01:47 PM INDEX NO. EF2021-269048
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 08/24/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF RENSSELAER
-.... ........_______...___________ ....--...________.
. TRUSTCO BANK
AFFIDAVIT
Plaintiff
INDEX NO.: EF2021-
- against - 269048
ANNE M. KUROLY; CATHERINE A. and MORTGAGED PROPERTY:
SCHWABE;
DOE," 11 Rhode Island Ave
"JOHN (sald name being fictitious, itbeing the
intention of the plaintiff to designate and all Rensselaer, NY 12144
any
persons in possession of the mortgaged COUNTY: Renese!aer
premises)
SBL #: 155.9-15-10
Defendant(s)
........... __..________-...._........_.--.....
STATE OF NEW YORK )
) SS.:
COUNTY OF SARATOGA )
Linda L. Donovan, being duly sworn, deposes and says that:
1. I am an attomcy at !cw duly licensed to practice in the State of New York and a
member of Overton, Russell, Doerr & Donovan, LLP, attorneys for the plaintiffherein.
2. I make this affidavit in support of the plaintiff'sapplicati0ñ for service of the summons
and complaint upon Anne M. Kuroly.
3. Anne M. Kuroly and Catherine A. Schwâbe executed a bond and mortgage to the
plaiñtiffdated May 24, 2013 and recorded as set forth in the complaint.
4. The plaintiff has instituted a foreclosure action based on the defeñdant's default in
repayment of the bond and mortgage. A copy of the summons and complaint containing the
mortgage is attached hereto as Exhibit "A".
5. The last known address for Anne M. Kuroly was 5565 U.S. Highway 12, Morton,
Washington.
6. A process server went to this address and was told by the occupant that Anne used
to reside there, but has since moved.
Anne& Schwabe,
FdASDOCS\LINDA\FORECLOSURES\TRUSTCOhKumly, CaGuluiG-u3USH
1 of ORDER,doc
2
FILED: RENSSELAER COUNTY CLERK 08/24/2021 01:47 PM INDEX NO. EF2021-269048
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 08/24/2021
7. A process server went to the mortgaged premissa and itis vacant.
8. Directory Assistance has no listing for Anne M. Kuroly locally or in the Morton,
Washington area.
9. An employee of Overton, Russell, Doerr & Donovan, LLP, ran a skip trace report and
itrevea|ed a P.O. Box for the defendant in Morton, Washiñÿton.
10. An FOI was sent to the Morton, Washiñÿtoñ post office for the physical address of
the user of P.O. Box 51 and Itwas retumed "good as addressed".
11. An employee of Overton, Russell, Doerr & Donovan, LLP, found two other possible
"B."
addresses. but both were invalid per FOlA's. See attached Exhibit
12. Based on the above, itis respectfully submitted that service of the summons and
complaint on the defendant, Anne M. Kuroly, is impracticable under CPLR 308 paragraphs 1, 2 and
5.
13. Itis respectfully submitted that the plaiñtiff be ali0wed to serve Anne M. Kuroly by
publicatiõñ of the summons and complaiñt (without exhibits) in a newspaper in Rensselaer County,
State of New York, and in a newspaper published near Morton, State of Washington.
Linda L. Donovan, Esq.
SWORN to before me this 24th
day of August, 2021.
NOTARY PUBLIC
ANNA R. POLLACK
Notary Public, State of New York
No. 01PO6385779
Qualified in Saratoga County
Commission Expires January 14, 2023
FAASDOCS\LINDA\FORECLCSUPE".USTO ¹yy. Catherinc\PUBLISH
Arms& Schwabe. 2 of 2ORDER.doc
Document Filed Date
August 24, 2021
Case Filing Date
June 10, 2021
Category
Real Property - Mortgage Foreclosure - Residential
Status
Disposed-Court Date/Application Pending
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FILED: RENSSELAER COUNTY CLERK 08/24/2021 01:47 PM INDEX NO. EF2021-269048 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 08/24/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF RENSSELAER -.... ........_______...___________ ....--...________. . TRUSTCO BANK AFFIDAVIT Plaintiff INDEX NO.: EF2021- - against - 269048 ANNE M. KUROLY; CATHERINE A. and MORTGAGED PROPERTY: SCHWABE; DOE," 11 Rhode Island Ave "JOHN (sald name being fictitious, itbeing the intention of the plaintiff to designate and all Rensselaer, NY 12144 any persons in possession of the mortgaged COUNTY: Renese!aer premises) SBL #: 155.9-15-10 Defendant(s) ........... __..________-...._........_.--..... STATE OF NEW YORK ) ) SS.: COUNTY OF SARATOGA ) Linda L. Donovan, being duly sworn, deposes and says that: 1. I am an attomcy at !cw duly licensed to practice in the State of New York and a member of Overton, Russell, Doerr & Donovan, LLP, attorneys for the plaintiffherein. 2. I make this affidavit in support of the plaintiff'sapplicati0ñ for service of the summons and complaint upon Anne M. Kuroly. 3. Anne M. Kuroly and Catherine A. Schwâbe executed a bond and mortgage to the plaiñtiffdated May 24, 2013 and recorded as set forth in the complaint. 4. The plaintiff has instituted a foreclosure action based on the defeñdant's default in repayment of the bond and mortgage. A copy of the summons and complaint containing the mortgage is attached hereto as Exhibit "A". 5. The last known address for Anne M. Kuroly was 5565 U.S. Highway 12, Morton, Washington. 6. A process server went to this address and was told by the occupant that Anne used to reside there, but has since moved. Anne& Schwabe, FdASDOCS\LINDA\FORECLOSURES\TRUSTCOhKumly, CaGuluiG-u3USH 1 of ORDER,doc 2 FILED: RENSSELAER COUNTY CLERK 08/24/2021 01:47 PM INDEX NO. EF2021-269048 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 08/24/2021 7. A process server went to the mortgaged premissa and itis vacant. 8. Directory Assistance has no listing for Anne M. Kuroly locally or in the Morton, Washington area. 9. An employee of Overton, Russell, Doerr & Donovan, LLP, ran a skip trace report and itrevea|ed a P.O. Box for the defendant in Morton, Washiñÿton. 10. An FOI was sent to the Morton, Washiñÿtoñ post office for the physical address of the user of P.O. Box 51 and Itwas retumed "good as addressed". 11. An employee of Overton, Russell, Doerr & Donovan, LLP, found two other possible "B." addresses. but both were invalid per FOlA's. See attached Exhibit 12. Based on the above, itis respectfully submitted that service of the summons and complaint on the defendant, Anne M. Kuroly, is impracticable under CPLR 308 paragraphs 1, 2 and 5. 13. Itis respectfully submitted that the plaiñtiff be ali0wed to serve Anne M. Kuroly by publicatiõñ of the summons and complaiñt (without exhibits) in a newspaper in Rensselaer County, State of New York, and in a newspaper published near Morton, State of Washington. Linda L. Donovan, Esq. SWORN to before me this 24th day of August, 2021. NOTARY PUBLIC ANNA R. POLLACK Notary Public, State of New York No. 01PO6385779 Qualified in Saratoga County Commission Expires January 14, 2023 FAASDOCS\LINDA\FORECLCSUPE".USTO ¹yy. Catherinc\PUBLISH Arms& Schwabe. 2 of 2ORDER.doc