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.
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FILED: RENSSELAER COUNTY CLERK 06/10/2021 11:47 AM INDEX NO. EF2021-269048
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 06/10/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF RENSSELAER
______. .... ___________________________________... CERTIFICATE OF MERIT
TRUSTCO BANK PURSUANT TO CPLR
3012-b
Plaintiff
INDEX NO.:
-against-
MORTGAGED PROPERTY:
ANNE M. KUROLY; CATHERINE A. SCHWABE; and 11 Rhoda Island Ave
DOE,"
"JOHN (said name being fictitious, itbeing the Rensselaer, NY 12144
intention of the plaintiff to designate any and all COUNTY: Rensselaer
persons in possession of the mortgaged premises) SBL #: 155.9-15-10
Defendant(s)
_____________________________________ ____________
Melissa M. Tobrocke, punsuant to CPLR §3012-b (a) and under the penalties of
perjury, affirms as follows:
1. I am an attorney at law duly licensed to practice in the State of New York
and am a partner with the Law Firm of Overton, Russell, Doerr & Donovan, LLP, the
attorneys of record for Plaintiff in the above-captioned mortgage foreclosure action. As
such, I am fully aware of the underlying action, as well as the proceedings had.herein.
2. On May 31, 2021, I communicated with the following representatives of
Plaintiff, who informed me that he (a) personally reviewed plaintiff's documents and
records relating to this case for factual accuracy; and (b) confirmed the factual accuracy
of the allegations set forth in the Complaint and any supporting affidavits or affirmations
filed with the Court, as well as the accuracy of the notarizations coñtained in the
supporting documents filed therewith:
NAME TITLE
Michelle Simmonds Administrative Vice
President
3. Based upon my communication with Michelle Simmonds, as well as upon
my own inspection and other reasonable inquiry under the circumstances, I affirm that,
to the best of my knowledge, information and belief, the Summons, Complaint and all
other papers filed or submitted to the Coud in this matter contain no false statements of
fact or law. I understand my continuing obligation to amend this Affirmation in light of
newly discovered material facts following its filing.
Anne& Schwabe,CE±a
HAASDOCS\LINDA\FORECLOSURMTRUSTCO\Kuroly, toof merit.doc
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FILED: RENSSELAER COUNTY CLERK 06/10/2021 11:47 AM INDEX NO. EF2021-269048
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 06/10/2021
4. I am aware of my ob!!gations under New York Rules of Pr0fessional
Conduct (22 NYCRR Part 1200) and 22 NYCRR Part 130.
DATED: 30
.
Melissa M. Tobrocke, Esq. .
OVERTON, RUSSELL, DOERR & DONOVAN, LLP
Attorney for Plaintiff
19 Executive Park Drive
Clifton Park, New York 12065
(518) 383-4000
H:\ASDOCSLINDA\FORECLOSURES\TRUSTCO\Kuroly,
Anne& Schwabe,Catherb: ec±hate of merh.doc
2 of 2
Document Filed Date
June 10, 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 06/10/2021 11:47 AM INDEX NO. EF2021-269048 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 06/10/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF RENSSELAER ______. .... ___________________________________... CERTIFICATE OF MERIT TRUSTCO BANK PURSUANT TO CPLR 3012-b Plaintiff INDEX NO.: -against- MORTGAGED PROPERTY: ANNE M. KUROLY; CATHERINE A. SCHWABE; and 11 Rhoda Island Ave DOE," "JOHN (said name being fictitious, itbeing the Rensselaer, NY 12144 intention of the plaintiff to designate any and all COUNTY: Rensselaer persons in possession of the mortgaged premises) SBL #: 155.9-15-10 Defendant(s) _____________________________________ ____________ Melissa M. Tobrocke, punsuant to CPLR §3012-b (a) and under the penalties of perjury, affirms as follows: 1. I am an attorney at law duly licensed to practice in the State of New York and am a partner with the Law Firm of Overton, Russell, Doerr & Donovan, LLP, the attorneys of record for Plaintiff in the above-captioned mortgage foreclosure action. As such, I am fully aware of the underlying action, as well as the proceedings had.herein. 2. On May 31, 2021, I communicated with the following representatives of Plaintiff, who informed me that he (a) personally reviewed plaintiff's documents and records relating to this case for factual accuracy; and (b) confirmed the factual accuracy of the allegations set forth in the Complaint and any supporting affidavits or affirmations filed with the Court, as well as the accuracy of the notarizations coñtained in the supporting documents filed therewith: NAME TITLE Michelle Simmonds Administrative Vice President 3. Based upon my communication with Michelle Simmonds, as well as upon my own inspection and other reasonable inquiry under the circumstances, I affirm that, to the best of my knowledge, information and belief, the Summons, Complaint and all other papers filed or submitted to the Coud in this matter contain no false statements of fact or law. I understand my continuing obligation to amend this Affirmation in light of newly discovered material facts following its filing. Anne& Schwabe,CE±a HAASDOCS\LINDA\FORECLOSURMTRUSTCO\Kuroly, toof merit.doc 1 of 2 FILED: RENSSELAER COUNTY CLERK 06/10/2021 11:47 AM INDEX NO. EF2021-269048 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 06/10/2021 4. I am aware of my ob!!gations under New York Rules of Pr0fessional Conduct (22 NYCRR Part 1200) and 22 NYCRR Part 130. DATED: 30 . Melissa M. Tobrocke, Esq. . OVERTON, RUSSELL, DOERR & DONOVAN, LLP Attorney for Plaintiff 19 Executive Park Drive Clifton Park, New York 12065 (518) 383-4000 H:\ASDOCSLINDA\FORECLOSURES\TRUSTCO\Kuroly, Anne& Schwabe,Catherb: ec±hate of merh.doc 2 of 2