Preview
FILED: QUEENS COUNTY CLERK 05/31/2022 07:48 AM INDEX NO. 701321/2020
NYSCEF DOC. NO. 60 RECEIVED NYSCEF: 05/31/2022
Exhibit Q
FILED: QUEENS COUNTY CLERK 05/31/2022 07:48 AM INDEX NO. 701321/2020
NYSCEF DOC. NO. 60 RECEIVED NYSCEF: 05/31/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
AFFIRMATION OF SERVICES
JPMorgan Chase Bank, National Association, RENDERED
INDEX NO. 701321/2020
Plaintiff(s),
MORTGAGED PROPERTY: 151
v. Beach 61st Street
Arverne, NY 11692
Celia A. Walker a/k/a Celia Walker; City of New York COUNTY: Queens
Environmental Control Board; City of New York SBL #: Block 15933 Lot 50
Parking Violations Bureau; City of New York Transit
Adjudication Bureau; "John Doe"; "John Doe"; "John
Doe"; "John Doe"; "John Doe",
Defendant(s).
I, Barbara Dunleavy, an attomey duly admitted to the practice of law in the State of New
York, hereby affirm pursuant to CPLR § 2106 that:
1. I am an associate of LOGS Legal Group LLP f/k/a Shapiro, DiCaro & Barak, LLC,
the attorneys of record for Plaintiff in the above captioned action and, as such, am fully familiar
with the facts, court papers, and proceedings of this action based upon a review of the file
maintained by my office. I make this afHrmation in support of plaintiff a order confirming referee
attorneys'
report and judgement of foreclosure and sale and to apprise the Court of the fees incurred
by the plaintiff herein.
Attorneys'
2. fees are chargeable to the defendant pursuant to paragraph(s) 22 of the
mortgage, upon which this foreclosure action is based.
attorneys'
3. With reference to the fixing of fees, this matter has required considerable
expertise, and considerable effort has been expended in evaluating and discussing with our client
the best procedure and tracking to use in order to most effectively protect itsrights in this difficult
and technical process.
10-000357 Affirmation Page 1 of 3
FILED: QUEENS COUNTY CLERK 05/31/2022 07:48 AM INDEX NO. 701321/2020
NYSCEF DOC. NO. 60 RECEIVED NYSCEF: 05/31/2022
4. The amount due to LOGS Legal Gmup LLP f/k/a Shapiro, DiCaro & Barak, LLC
for the instant foreclosure is based upon the amount of time and work performed in this matter.
5. The filewas received by this Office on December 19, 2019. A breakdown of the
services rendered by us in connection with this matter is attached hereto as Schedule A.
6. Our fee schedule is based upon each stage of the foreclosure and not hours actually
spent. The fee schedule was devised in such a manner so as to accurately reflect the hours our
firm would spend on the foreclosure. The total hours expended equals forty-one and one quarter
hours. At an hourly rate of $250.00/hour for attorneys and $100.00/hour for paralegals,
(41.25)
a reasonable estimated fee for these services would be $6,337.50. However, we request that our
fee be set at $5,225.00, which are the legal fees billed to and recoverable by our client in this
action. Further, no fees. other than these requested herein, have been paid in this matter.
7. Your Affirmant respectfully submits that counsel for plaintiff is entitled to such
award of legal fees as requested herein and in the original complaint, said fee being fair and
reasonable based upon the facts set forth in this affirmation.
WHEREFORE, it is prayed that the Plaintiff be awarded the aforementioned
attorneys'
fees herein.
Dated: May 27, 2022
Suffolk County, New York
/s/Barbara Dunlemy
Barbara Dunleavy, Esq.
Associate Attorney
LOGS LEGAL GROUP LLP F/K/A
SHAPIRO, DICARO & BARAK, LLC
Attorneys for Plaintiff
175 Mile Crossing Boulevard
Rochester, New York 14624
(585) 247-9000
Fax: (585) 247-7380
10-000357 Affirmation Page 2 of 3
FILED: QUEENS COUNTY CLERK 05/31/2022 07:48 AM INDEX NO. 701321/2020
NYSCEF DOC. NO. 60 RECEIVED NYSCEF: 05/31/2022
SCHEDULE A
Received and reviewed referral
client's package,verifyvalidity
ofproforeclosurenoticesrun/review SCRA Seamhes 1.50 1.00
Open File.Obtain Search &
foreclosure copicsof necessary
documents in chainof title.
etc. 1.50 0.00
Draftand send pre complaint
noticessuch as Fair Debt
Notices and/ce Pre-Foreclosure
Solicitation
letters 1.00 0.50
Review fbreclosure search, prior
search, bankruptcy title
policy,mortgage,note & Assignments of same; clear title 1.00 2.00
problems: determineneessary parties
Various telephoneconversationswith interested
attorneys,
client, written
parties, correspondence,preparationof 2.00 2.00
quote4 and loss midgadon
letters requests.
update clientand case management systems etc.
Review statementof review. prepareCertificate
of Merit:updatevsterms R runsearches 0.50 0.50
PrepareSummon Complaint noticeofpendencv of action,
letter
to title
company, and ass nmem, ifnecessary 2.00 0.00
Review summons, complaint& noticeof pendency:verifyfacts sign
and figures: pleadings 0.00 1.00
Prepareand Review Statement of ReviewforCertificate
of Merin send to client
forsignatures 0.50 0.00
Review Signed Statement ofReview, Prepare/Review Certificateof Merit,
Preparefor and file
complaint, etc. with 0.50 0.50
Cousy Clerk
Prepareand forward Summons and Complaint server
to process forserviceupon dan-ndants;determineaddressesfor 1.50 0.00
defendanta.etc.
Prepam and executeRJI.send to pmcessserver for filing 0.50 0.25
Review of
affidavits Serviceupon notices
defendants, of appearance& answers; 120 rule; of
validity lis pendens; 1.00 1.00
requestsfor1354 hearing, etc.
Prepareand obtainclientaffidavit 1.00 0.00
FrepareOrder ofReference and Affirmationin Support 1.50 0.00
Review Order and Affirmation:sign Affirmation 0.00 1.00
Prepareproposed Refereds Oath & Report,documentary evidence,and exhibits
forReferee and delivered
same to 2.0 0.00
Referee
Report.compute amount due with reviewhistory 0.00 0.50
Review Referce's clienti
Prepare Judgmentof Foreclosureand Sale, amrmadon. costs &
affidavita. disbursemems. ctc. 1.00 0.00
Review Judgmem. affirmation.
cocs.etc.: sic.n aErmation.
serve and submit
to court 0.50 1.00
Various telephone with
conversations client, interested
atterneys, written
parties, correspondence,courtfollowup, update 3.00 1.50
clientand case management systems.etc.
SERVICES NECESSARY TO COMPLETE FORECLOSURE: Enter Judgment;Run SCRA and Bankruptcy 4.00 2.00
Searches,ordertax with
search, Coordinate &
publication postingcompany to ContactReforceto set a Sale date; prepare
noticeof sale &send to newspaper
for &
publication posting;send notice
to appearing and owners
attorneys of property.
Compute prepare
upset bid, termsof sale, prepare
surplusmoney form,Prepare Sale Certifications,
memorandum of sale;
varioustelephonecallsfrom interested attend
parties; sale and necessary tax
forms;prepareRefere#s Reportof Sale and
Referee'sDeed" recordDeed and file
Referee'skep0TL Send miles to appearihR obtain
attornev5: finaltitle
COMPUTATION OF PEBS:
ATIDRNEY TIME: $250.00/hr. $3,687.50
PARALEGAL TIME: $100.00thr. $2.650.00
10-000357 Affirmation Page 3 of 3
FILED: QUEENS COUNTY CLERK 05/31/2022 07:48 AM INDEX NO. 701321/2020
NYSCEF DOC. NO. 60 RECEIVED NYSCEF: 05/31/2022
WORD COUNT CERTIFICATION
I hereby certify pursuant to Section 202.8-b of the Uniform Rules of the Supreme Court of
the State of New York that the foregoing Affirmation was prepared on a computer using Microsoft
Word and the total number of words in the Affirmation, inclusive of point headings and footnotes
and exclusive of pages containing proof of service, this statement, the 22 NYCRR § 130-1.1-a
certification, and sections otherwise delineated in Section 202.8-b(b), is approximately
attorney
1010.
Dated: May 27, 2022
Suffolk County, New York
/s/Barbara Dunleavy
Barbara Dunleavy, Esq.
Bankmptcy Attorney
LOGS LEGAL GROUP LLP F/K/A
SHAPIRO, DICARO & BARAK, LLC
Attorneys for Plaintiff
175 Mile Crossing Boulevard
Rochester, New York 14624
(585) 247-9000
Fax: (585) 247-7380
10-000357
Preview
FILED: QUEENS COUNTY CLERK 05/31/2022 07:48 AM INDEX NO. 701321/2020 NYSCEF DOC. NO. 60 RECEIVED NYSCEF: 05/31/2022 Exhibit Q FILED: QUEENS COUNTY CLERK 05/31/2022 07:48 AM INDEX NO. 701321/2020 NYSCEF DOC. NO. 60 RECEIVED NYSCEF: 05/31/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS AFFIRMATION OF SERVICES JPMorgan Chase Bank, National Association, RENDERED INDEX NO. 701321/2020 Plaintiff(s), MORTGAGED PROPERTY: 151 v. Beach 61st Street Arverne, NY 11692 Celia A. Walker a/k/a Celia Walker; City of New York COUNTY: Queens Environmental Control Board; City of New York SBL #: Block 15933 Lot 50 Parking Violations Bureau; City of New York Transit Adjudication Bureau; "John Doe"; "John Doe"; "John Doe"; "John Doe"; "John Doe", Defendant(s). I, Barbara Dunleavy, an attomey duly admitted to the practice of law in the State of New York, hereby affirm pursuant to CPLR § 2106 that: 1. I am an associate of LOGS Legal Group LLP f/k/a Shapiro, DiCaro & Barak, LLC, the attorneys of record for Plaintiff in the above captioned action and, as such, am fully familiar with the facts, court papers, and proceedings of this action based upon a review of the file maintained by my office. I make this afHrmation in support of plaintiff a order confirming referee attorneys' report and judgement of foreclosure and sale and to apprise the Court of the fees incurred by the plaintiff herein. Attorneys' 2. fees are chargeable to the defendant pursuant to paragraph(s) 22 of the mortgage, upon which this foreclosure action is based. attorneys' 3. With reference to the fixing of fees, this matter has required considerable expertise, and considerable effort has been expended in evaluating and discussing with our client the best procedure and tracking to use in order to most effectively protect itsrights in this difficult and technical process. 10-000357 Affirmation Page 1 of 3 FILED: QUEENS COUNTY CLERK 05/31/2022 07:48 AM INDEX NO. 701321/2020 NYSCEF DOC. NO. 60 RECEIVED NYSCEF: 05/31/2022 4. The amount due to LOGS Legal Gmup LLP f/k/a Shapiro, DiCaro & Barak, LLC for the instant foreclosure is based upon the amount of time and work performed in this matter. 5. The filewas received by this Office on December 19, 2019. A breakdown of the services rendered by us in connection with this matter is attached hereto as Schedule A. 6. Our fee schedule is based upon each stage of the foreclosure and not hours actually spent. The fee schedule was devised in such a manner so as to accurately reflect the hours our firm would spend on the foreclosure. The total hours expended equals forty-one and one quarter hours. At an hourly rate of $250.00/hour for attorneys and $100.00/hour for paralegals, (41.25) a reasonable estimated fee for these services would be $6,337.50. However, we request that our fee be set at $5,225.00, which are the legal fees billed to and recoverable by our client in this action. Further, no fees. other than these requested herein, have been paid in this matter. 7. Your Affirmant respectfully submits that counsel for plaintiff is entitled to such award of legal fees as requested herein and in the original complaint, said fee being fair and reasonable based upon the facts set forth in this affirmation. WHEREFORE, it is prayed that the Plaintiff be awarded the aforementioned attorneys' fees herein. Dated: May 27, 2022 Suffolk County, New York /s/Barbara Dunlemy Barbara Dunleavy, Esq. Associate Attorney LOGS LEGAL GROUP LLP F/K/A SHAPIRO, DICARO & BARAK, LLC Attorneys for Plaintiff 175 Mile Crossing Boulevard Rochester, New York 14624 (585) 247-9000 Fax: (585) 247-7380 10-000357 Affirmation Page 2 of 3 FILED: QUEENS COUNTY CLERK 05/31/2022 07:48 AM INDEX NO. 701321/2020 NYSCEF DOC. NO. 60 RECEIVED NYSCEF: 05/31/2022 SCHEDULE A Received and reviewed referral client's package,verifyvalidity ofproforeclosurenoticesrun/review SCRA Seamhes 1.50 1.00 Open File.Obtain Search & foreclosure copicsof necessary documents in chainof title. etc. 1.50 0.00 Draftand send pre complaint noticessuch as Fair Debt Notices and/ce Pre-Foreclosure Solicitation letters 1.00 0.50 Review fbreclosure search, prior search, bankruptcy title policy,mortgage,note & Assignments of same; clear title 1.00 2.00 problems: determineneessary parties Various telephoneconversationswith interested attorneys, client, written parties, correspondence,preparationof 2.00 2.00 quote4 and loss midgadon letters requests. update clientand case management systems etc. Review statementof review. prepareCertificate of Merit:updatevsterms R runsearches 0.50 0.50 PrepareSummon Complaint noticeofpendencv of action, letter to title company, and ass nmem, ifnecessary 2.00 0.00 Review summons, complaint& noticeof pendency:verifyfacts sign and figures: pleadings 0.00 1.00 Prepareand Review Statement of ReviewforCertificate of Merin send to client forsignatures 0.50 0.00 Review Signed Statement ofReview, Prepare/Review Certificateof Merit, Preparefor and file complaint, etc. with 0.50 0.50 Cousy Clerk Prepareand forward Summons and Complaint server to process forserviceupon dan-ndants;determineaddressesfor 1.50 0.00 defendanta.etc. Prepam and executeRJI.send to pmcessserver for filing 0.50 0.25 Review of affidavits Serviceupon notices defendants, of appearance& answers; 120 rule; of validity lis pendens; 1.00 1.00 requestsfor1354 hearing, etc. Prepareand obtainclientaffidavit 1.00 0.00 FrepareOrder ofReference and Affirmationin Support 1.50 0.00 Review Order and Affirmation:sign Affirmation 0.00 1.00 Prepareproposed Refereds Oath & Report,documentary evidence,and exhibits forReferee and delivered same to 2.0 0.00 Referee Report.compute amount due with reviewhistory 0.00 0.50 Review Referce's clienti Prepare Judgmentof Foreclosureand Sale, amrmadon. costs & affidavita. disbursemems. ctc. 1.00 0.00 Review Judgmem. affirmation. cocs.etc.: sic.n aErmation. serve and submit to court 0.50 1.00 Various telephone with conversations client, interested atterneys, written parties, correspondence,courtfollowup, update 3.00 1.50 clientand case management systems.etc. SERVICES NECESSARY TO COMPLETE FORECLOSURE: Enter Judgment;Run SCRA and Bankruptcy 4.00 2.00 Searches,ordertax with search, Coordinate & publication postingcompany to ContactReforceto set a Sale date; prepare noticeof sale &send to newspaper for & publication posting;send notice to appearing and owners attorneys of property. Compute prepare upset bid, termsof sale, prepare surplusmoney form,Prepare Sale Certifications, memorandum of sale; varioustelephonecallsfrom interested attend parties; sale and necessary tax forms;prepareRefere#s Reportof Sale and Referee'sDeed" recordDeed and file Referee'skep0TL Send miles to appearihR obtain attornev5: finaltitle COMPUTATION OF PEBS: ATIDRNEY TIME: $250.00/hr. $3,687.50 PARALEGAL TIME: $100.00thr. $2.650.00 10-000357 Affirmation Page 3 of 3 FILED: QUEENS COUNTY CLERK 05/31/2022 07:48 AM INDEX NO. 701321/2020 NYSCEF DOC. NO. 60 RECEIVED NYSCEF: 05/31/2022 WORD COUNT CERTIFICATION I hereby certify pursuant to Section 202.8-b of the Uniform Rules of the Supreme Court of the State of New York that the foregoing Affirmation was prepared on a computer using Microsoft Word and the total number of words in the Affirmation, inclusive of point headings and footnotes and exclusive of pages containing proof of service, this statement, the 22 NYCRR § 130-1.1-a certification, and sections otherwise delineated in Section 202.8-b(b), is approximately attorney 1010. Dated: May 27, 2022 Suffolk County, New York /s/Barbara Dunleavy Barbara Dunleavy, Esq. Bankmptcy Attorney LOGS LEGAL GROUP LLP F/K/A SHAPIRO, DICARO & BARAK, LLC Attorneys for Plaintiff 175 Mile Crossing Boulevard Rochester, New York 14624 (585) 247-9000 Fax: (585) 247-7380 10-000357