On February 28, 2022 a
Exhibit,Appendix
was filed
involving a dispute between
M&T Bank,
and
Carol Brumby,
John Doe Number One Through John Doe Number Ten,
Patricia Kleber,
for Real Property - Mortgage Foreclosure - Residential
in the District Court of Nassau County.
Preview
FILED: NASSAU COUNTY CLERK 01/05/2023 02:08 PM INDEX NO. 602517/2022
NYSCEF DOC. NO. 55 RECEIVED NYSCEF: 01/05/2023
FILED: NASSAU COUNTY CLERK 01/05/2023 02:08 PM INDEX NO. 602517/2022
NYSCEF DOC. NO. 55 RECEIVED NYSCEF: 01/05/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
________________________________________________________________Ç
M&T BANK,
Plaintiff,
Index No. 602517/2022
-against-
AFFIRMATION OF
SERVICES RENDERED
PATRICIA KLEBER; CAROL BRUMBY,
Defendants.
________________________________________________________________Ç
STATE OF NEW YORK:
COUNTY OF WESTCHESTER: ss.
Mark R. Knuckles, Esq., an attorney duly admitted to practice in allof the Courts of the State of
New York affirms the following under the penalties of perjury:
I am a Partner with the Law Offices of Knuckles, Komosinski & Manfro, LLP, the attorneys of
record for Plaintiff, and as such am fully familiar with the subject matter of this action and with all
proceedings heretofore had herein.
The purpose of this affirmation is to set forth the services rendered by this office to the
mortgagee(s) in the processing of this foreclosure action to support of Plaintiff's request for an allowance
of legal fees to be incorporated in the Judgment of Foreclosure and Sale.
Plaintiff seeks a Judgment of Foreclosure in the amount of $601,528.09.
It is respectfully submitted that the Plaintiff is entitled to such award of legal fees as this Court
shall deem reasonable based upon this affirmation, the time typically expended to commence and
prosecute a foreclosure action as well as your affirmant's fee agreement with Plaintiff.
It is well established that provision for legal fees included in the Mortgage are valid and have
been repeatedly upheld in foreclosure actions where the amount is "reasonable and bears a fair
obligor."
relationship to the legal services necessarily incurred by reason of a breach on the part of the
Fairfield Lease Crop. v Marsi Dress Corp., 60 Misc. 2d 363, 460 (1969.)
5000-000063-FCM4TRICIA KLEBER
FILED: NASSAU COUNTY CLERK 01/05/2023 02:08 PM INDEX NO. 602517/2022
NYSCEF DOC. NO. 55 RECEIVED NYSCEF: 01/05/2023
In the case at bar, the Mortgage provides for legal fees at Paragraph 22. See copy of Mortgage
included in Exhibit 2.
It isrespectfully submitted that the following services are typical of foreclosure proceedings and
have or will be performed by your affirmant's office in the prosecution of this action:
DESCRIPTION HOURS
Receipt and review of loan documents, communications with 2.2
client, order foreclosure search:
Review of foreclosure search; prepare requests for 1.5
indemnification letters or satisfaction pieces, prepare requests
for documents to client:
Preparation of summons and complaint and notice of pendency, 3.0
including review and revisions:
Miscellaneous telephone communications, re transmittal of 0.8
documents and filing:
Receipt, review and posting of affidavits of service and notices 1.2
of appearances; calculation of default date:
Periodic file review, status posting and reporting: 1.8
Preparation of Order of Reference, affirmation in support, RJI 3.0
and exhibits:
Receipt and review of order, advisement to client, ascertaining 2.5
Referee's address, Preparation of testimony by affidavit;
referee's oath, referee's report and schedules, including review
and revisions:
Preparation of affirmation of regularity and Judgment of 2.5
Foreclosure and Sale, including application for allowance for
reasonable attorney's fees:
Miscellaneous correspondence and telephone communications: 1.3
ANTICIPATORY SERVICES TO BE RENDERED:
5000-000063-FC/I'dTRICIA KLEBER
FILED: NASSAU COUNTY CLERK 01/05/2023 02:08 PM INDEX NO. 602517/2022
NYSCEF DOC. NO. 55 RECEIVED NYSCEF: 01/05/2023
Receipt and review of judgment and preparation of notice of .2
entry:
Preparation and service of notice of foreclosure sale, request for 1.5
bidding instructions, preparation of terms of foreclosure sale:
Receipt and review of proof of publication: .3
Preparation of referee's report of foreclosure sale, deed, 2.2
equalization forms, tax affidavits, and related closing
documents:
TOTAL COMBINED HOURS: 24,0
I further submit that Plaintiff and itscounsel agree to follow the customary Fannie Mae flatrate
fee schedule for uncontested foreclosure work in New York, which is currently $5,225.00 and
encompasses all the aforementioned work and respectfully submits that an allowance of $5,225.00 is
even if additional fees became for non-traditional or litio ed activities.
reasonable, necessary
DATED: December 22, 2022
Elmsford, New York Mark R. Knuckles, sq.
5000-000063-FC PATRIChi KLEBER
Document Filed Date
January 05, 2023
Case Filing Date
February 28, 2022
Category
Real Property - Mortgage Foreclosure - Residential
Status
Disposed-Court Date/Application Pending
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FILED: NASSAU COUNTY CLERK 01/05/2023 02:08 PM INDEX NO. 602517/2022 NYSCEF DOC. NO. 55 RECEIVED NYSCEF: 01/05/2023 FILED: NASSAU COUNTY CLERK 01/05/2023 02:08 PM INDEX NO. 602517/2022 NYSCEF DOC. NO. 55 RECEIVED NYSCEF: 01/05/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU ________________________________________________________________Ç M&T BANK, Plaintiff, Index No. 602517/2022 -against- AFFIRMATION OF SERVICES RENDERED PATRICIA KLEBER; CAROL BRUMBY, Defendants. ________________________________________________________________Ç STATE OF NEW YORK: COUNTY OF WESTCHESTER: ss. Mark R. Knuckles, Esq., an attorney duly admitted to practice in allof the Courts of the State of New York affirms the following under the penalties of perjury: I am a Partner with the Law Offices of Knuckles, Komosinski & Manfro, LLP, the attorneys of record for Plaintiff, and as such am fully familiar with the subject matter of this action and with all proceedings heretofore had herein. The purpose of this affirmation is to set forth the services rendered by this office to the mortgagee(s) in the processing of this foreclosure action to support of Plaintiff's request for an allowance of legal fees to be incorporated in the Judgment of Foreclosure and Sale. Plaintiff seeks a Judgment of Foreclosure in the amount of $601,528.09. It is respectfully submitted that the Plaintiff is entitled to such award of legal fees as this Court shall deem reasonable based upon this affirmation, the time typically expended to commence and prosecute a foreclosure action as well as your affirmant's fee agreement with Plaintiff. It is well established that provision for legal fees included in the Mortgage are valid and have been repeatedly upheld in foreclosure actions where the amount is "reasonable and bears a fair obligor." relationship to the legal services necessarily incurred by reason of a breach on the part of the Fairfield Lease Crop. v Marsi Dress Corp., 60 Misc. 2d 363, 460 (1969.) 5000-000063-FCM4TRICIA KLEBER FILED: NASSAU COUNTY CLERK 01/05/2023 02:08 PM INDEX NO. 602517/2022 NYSCEF DOC. NO. 55 RECEIVED NYSCEF: 01/05/2023 In the case at bar, the Mortgage provides for legal fees at Paragraph 22. See copy of Mortgage included in Exhibit 2. It isrespectfully submitted that the following services are typical of foreclosure proceedings and have or will be performed by your affirmant's office in the prosecution of this action: DESCRIPTION HOURS Receipt and review of loan documents, communications with 2.2 client, order foreclosure search: Review of foreclosure search; prepare requests for 1.5 indemnification letters or satisfaction pieces, prepare requests for documents to client: Preparation of summons and complaint and notice of pendency, 3.0 including review and revisions: Miscellaneous telephone communications, re transmittal of 0.8 documents and filing: Receipt, review and posting of affidavits of service and notices 1.2 of appearances; calculation of default date: Periodic file review, status posting and reporting: 1.8 Preparation of Order of Reference, affirmation in support, RJI 3.0 and exhibits: Receipt and review of order, advisement to client, ascertaining 2.5 Referee's address, Preparation of testimony by affidavit; referee's oath, referee's report and schedules, including review and revisions: Preparation of affirmation of regularity and Judgment of 2.5 Foreclosure and Sale, including application for allowance for reasonable attorney's fees: Miscellaneous correspondence and telephone communications: 1.3 ANTICIPATORY SERVICES TO BE RENDERED: 5000-000063-FC/I'dTRICIA KLEBER FILED: NASSAU COUNTY CLERK 01/05/2023 02:08 PM INDEX NO. 602517/2022 NYSCEF DOC. NO. 55 RECEIVED NYSCEF: 01/05/2023 Receipt and review of judgment and preparation of notice of .2 entry: Preparation and service of notice of foreclosure sale, request for 1.5 bidding instructions, preparation of terms of foreclosure sale: Receipt and review of proof of publication: .3 Preparation of referee's report of foreclosure sale, deed, 2.2 equalization forms, tax affidavits, and related closing documents: TOTAL COMBINED HOURS: 24,0 I further submit that Plaintiff and itscounsel agree to follow the customary Fannie Mae flatrate fee schedule for uncontested foreclosure work in New York, which is currently $5,225.00 and encompasses all the aforementioned work and respectfully submits that an allowance of $5,225.00 is even if additional fees became for non-traditional or litio ed activities. reasonable, necessary DATED: December 22, 2022 Elmsford, New York Mark R. Knuckles, sq. 5000-000063-FC PATRIChi KLEBER