On February 24, 2021 a
Exhibit,Appendix
was filed
involving a dispute between
Triumph Capital Partners, Llc,
and
John Doe No. I To John Doe No. X, Inclusive, The Last Ten Names Being Fictitious And Unknown To The Plaintiff, The Person Or Parties Intended Being The Tenants, Occupants, Persons Or Corporations, If Any, Having Or Claiming An Interest In Or Lien
Upon The Premises Described In The Complaint,
Judah Mizrahi,
Network Media Management, Inc,
New York State Department Of Taxation And Finance,
Wbl Spo I, Llc,
for Real Property - Mortgage Foreclosure - Commercial
in the District Court of Kings County.
Preview
FILED: KINGS COUNTY CLERK 01/04/2023 02:32 PM INDEX NO. 504485/2021
NYSCEF DOC. NO. 77 RECEIVED NYSCEF: 01/04/2023
Exhibit P
FILED: KINGS COUNTY CLERK 01/04/2023 02:32 PM INDEX NO. 504485/2021
NYSCEF DOC. NO. 77 RECEIVED NYSCEF: 01/04/2023
SUPREME COURT OF THE STATE OF NEW VORK
COUNTY OF KINGS
- . _ _ - - - - - -_-----___----_-_ _---____---___- - - - - _x
TRIUMPH CAPITAL PARTNERS, LLC, INDEX NO.: 504485/2021
Plaintiff(s),
AFFIRMATION OF
v. LEGAL SERVICES
-
NETWORK MEDIA MANAGEMENT, INC.; JUDAH MOkTGAGED PROPERTY .
MIZRAHI; WBL SPO I, LLC; NÈW YORK STATE 1959 E 8th Street
DEPARTMENT OF TAXATION AND FINANCE; Brooklyn NY 11223
JANE DOE (REFUSED NAME); JOHN DOE #1
(REFUSED NAME); JOHN DOE #2 (REFUSED COUNTY: Kings
NAME); JOHN DOE #3 (REFUSED NAME); JOHN
DOE #4 (REFUSED NAME); BL: 7090-65
Defendant(s).
_ _ _ _ _ _ _ _ _ _ _ _ _________ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ____Ç
George L. Franke, Esq., the undersigned, an attorney duly admitted to practice law before
the Courts of the State of New York, respectfully shows:
1. That I am an Associate with the law firm of Pincus Law Group, PLLC, the
attorneys for the plaintiff in the above entitled action and as such am fully familiar with all of the
facts hereinafter set forth
2. That this affirmation is made in support of this court granting reasonable
Attorney's fees as allowed for in paragraph 3.02 of the mortgage being foreclosed.
3. That a fee of $5,650.00 will be incurred by plaintiff during the within
foreclosure action. At least nineteen (19) hours has been spent through the foreclosure action, and
another four (4) is expected to be spent for post judgment activity.
4. That the work performed or to be performed on this file includes, but is not
limited to, the following:
a) Receipt and review of file, telephone conference with plaintiff, order
foreclosure search.
b) Review of Foreclosure search.
FILED: KINGS COUNTY CLERK 01/04/2023 02:32 PM INDEX NO. 504485/2021
NYSCEF DOC. NO. 77 RECEIVED NYSCEF: 01/04/2023
c) Preparation of summons and complaint and notice of pendency, including
review and revisions.
d) Miscellaneous telephone communications regarding transmittal of
documents and filing.
e) Preparation of Order of Publication motion, supplemental summons and
amended complaint and amended notice of pendency, and guardian ad litem
documents, if applicable.
f) Receipt and review of affidavits of service and transmittal letters for filing.
g) Periodic file review and status posting.
h) Preparation of order of reference and supporting papers and review for
with client pursuant to Section 202.12 - of the Uniform Rules
accuracy (a) (f)
for the New York State Trial Courts.
i) Receipt and review of order, advisory to client, receipt and review of updated
ledger.
j) Preparation of testimony by affidavit, referee's oath, referee's report,
schedules, affirmation of services rendered, including review.
k) Preparation of affirmation of regularity and judgment of foreclosure and sale,
including application for allowance for reasonable attorney's fees.
1) Attorney review of Paralegal's work.
m) Miscellaneous correspondence and telephone communication.
n) Receipt and review of judgment with notice of entry.
o) Preparation and service of notice of sale.
p) Receipt and review of proof of publication.
q) Attendance at sale.
FILED: KINGS COUNTY CLERK 01/04/2023 02:32 PM INDEX NO. 504485/2021
NYSCEF DOC. NO. 77 RECEIVED NYSCEF: 01/04/2023
r) Preparation of referee's report of sale, deed, equalization forms, tax
affidavits, and related closing documents.
s). Attendance at closing, if necessary.
t) The mortgage herein foreclosed provided that Lender will have the right to
collect legal fees in enforcing the mortgage upon default of the defendant
herein, whie;h amount shall include reasonable legal fees.
5. The aforesaid fee in the amount of $5,650.00 is based on attorney time at a rate of
$215.00 per hour.
6. It is respectfully submitted that, based upon the time spent by counsel, the extent
of service provided and the experience and skill of counsel in the area of foreclosure, the fee
requested both fair and reasonable.
WHEREFORE, it is respectfully prayed that this Court fix plaintiff's attorney's fee in the
sum of $5,650.00 and permit said amount to remain in the Judgment of Foreclosure and Seile
submitted herewith and for such and further relief as may be just and proper.
Dated: Uniondale, New York
I& o , 2022
George L. Franke, Esq.
Document Filed Date
January 04, 2023
Case Filing Date
February 24, 2021
Category
Real Property - Mortgage Foreclosure - Commercial
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FILED: KINGS COUNTY CLERK 01/04/2023 02:32 PM INDEX NO. 504485/2021 NYSCEF DOC. NO. 77 RECEIVED NYSCEF: 01/04/2023 Exhibit P FILED: KINGS COUNTY CLERK 01/04/2023 02:32 PM INDEX NO. 504485/2021 NYSCEF DOC. NO. 77 RECEIVED NYSCEF: 01/04/2023 SUPREME COURT OF THE STATE OF NEW VORK COUNTY OF KINGS - . _ _ - - - - - -_-----___----_-_ _---____---___- - - - - _x TRIUMPH CAPITAL PARTNERS, LLC, INDEX NO.: 504485/2021 Plaintiff(s), AFFIRMATION OF v. LEGAL SERVICES - NETWORK MEDIA MANAGEMENT, INC.; JUDAH MOkTGAGED PROPERTY . MIZRAHI; WBL SPO I, LLC; NÈW YORK STATE 1959 E 8th Street DEPARTMENT OF TAXATION AND FINANCE; Brooklyn NY 11223 JANE DOE (REFUSED NAME); JOHN DOE #1 (REFUSED NAME); JOHN DOE #2 (REFUSED COUNTY: Kings NAME); JOHN DOE #3 (REFUSED NAME); JOHN DOE #4 (REFUSED NAME); BL: 7090-65 Defendant(s). _ _ _ _ _ _ _ _ _ _ _ _ _________ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ____Ç George L. Franke, Esq., the undersigned, an attorney duly admitted to practice law before the Courts of the State of New York, respectfully shows: 1. That I am an Associate with the law firm of Pincus Law Group, PLLC, the attorneys for the plaintiff in the above entitled action and as such am fully familiar with all of the facts hereinafter set forth 2. That this affirmation is made in support of this court granting reasonable Attorney's fees as allowed for in paragraph 3.02 of the mortgage being foreclosed. 3. That a fee of $5,650.00 will be incurred by plaintiff during the within foreclosure action. At least nineteen (19) hours has been spent through the foreclosure action, and another four (4) is expected to be spent for post judgment activity. 4. That the work performed or to be performed on this file includes, but is not limited to, the following: a) Receipt and review of file, telephone conference with plaintiff, order foreclosure search. b) Review of Foreclosure search. FILED: KINGS COUNTY CLERK 01/04/2023 02:32 PM INDEX NO. 504485/2021 NYSCEF DOC. NO. 77 RECEIVED NYSCEF: 01/04/2023 c) Preparation of summons and complaint and notice of pendency, including review and revisions. d) Miscellaneous telephone communications regarding transmittal of documents and filing. e) Preparation of Order of Publication motion, supplemental summons and amended complaint and amended notice of pendency, and guardian ad litem documents, if applicable. f) Receipt and review of affidavits of service and transmittal letters for filing. g) Periodic file review and status posting. h) Preparation of order of reference and supporting papers and review for with client pursuant to Section 202.12 - of the Uniform Rules accuracy (a) (f) for the New York State Trial Courts. i) Receipt and review of order, advisory to client, receipt and review of updated ledger. j) Preparation of testimony by affidavit, referee's oath, referee's report, schedules, affirmation of services rendered, including review. k) Preparation of affirmation of regularity and judgment of foreclosure and sale, including application for allowance for reasonable attorney's fees. 1) Attorney review of Paralegal's work. m) Miscellaneous correspondence and telephone communication. n) Receipt and review of judgment with notice of entry. o) Preparation and service of notice of sale. p) Receipt and review of proof of publication. q) Attendance at sale. FILED: KINGS COUNTY CLERK 01/04/2023 02:32 PM INDEX NO. 504485/2021 NYSCEF DOC. NO. 77 RECEIVED NYSCEF: 01/04/2023 r) Preparation of referee's report of sale, deed, equalization forms, tax affidavits, and related closing documents. s). Attendance at closing, if necessary. t) The mortgage herein foreclosed provided that Lender will have the right to collect legal fees in enforcing the mortgage upon default of the defendant herein, whie;h amount shall include reasonable legal fees. 5. The aforesaid fee in the amount of $5,650.00 is based on attorney time at a rate of $215.00 per hour. 6. It is respectfully submitted that, based upon the time spent by counsel, the extent of service provided and the experience and skill of counsel in the area of foreclosure, the fee requested both fair and reasonable. WHEREFORE, it is respectfully prayed that this Court fix plaintiff's attorney's fee in the sum of $5,650.00 and permit said amount to remain in the Judgment of Foreclosure and Seile submitted herewith and for such and further relief as may be just and proper. Dated: Uniondale, New York I& o , 2022 George L. Franke, Esq.