Preview
FILED: DUTCHESS COUNTY CLERK 07/21/2023 02:45 PM INDEX NO. 2022-51497
NYSCEF DOC. NO. 53 RECEIVED NYSCEF: 07/21/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF DUTCHESS
_____________________________________________
LOANCARE, LLC, INDEX NO. 2022-51497
Plaintiff,
vs. AFFIRMATION
OF SERVICE
DONNA DE FREITAS; et al.
Defendants.
_____________________________________________
Brandon Wrazen, Esq., an attorney duly admitted to practice law before the Courts of the
State of New York, affirms under the penalty of perjury:
1. I am an associate with the law firm of Robertson, Anschutz, Schneid, Crane &
Partners, PLLC ("RAS”), attorneys for the Plaintiff, in this foreclosure action. In my capacity as
an associate of RAS, I have access to RAS’ business records, including the records of mailings
associated with the above captioned case (“Mailing Records”).
2. I make this affirmation based upon my review of the Mailing Records, and from
my own personal knowledge of how they are kept and maintained. The Mailing Records are (i)
created by RAS in the ordinary course of its business; (ii) are made at or about the time of the
mailings; (iii) by a person with actual knowledge of the mailings, or from information
transmitted by a person with actual knowledge of the mailings; (iv) and it is the ordinary course
of business for RAS to keep and maintain such Mailing Records.
3. The Mailing Records include a computer generated record of mailings for each
case entitled the “Document Send Out History.” When any documents associated with a case are
served by mail to a party, an entry is made in the Document Send Out History indicating what
was mailed, the date of mailing, and the name and address to which the mail was sent. The
relevant portion of the Document Send Out History for the above captioned case is annexed
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FILED: DUTCHESS COUNTY CLERK 07/21/2023 02:45 PM INDEX NO. 2022-51497
NYSCEF DOC. NO. 53 RECEIVED NYSCEF: 07/21/2023
hereto as Exhibit “A”. I personally reviewed the Document Send Out History and confirmed
that Exhibit “A” is a true and accurate printout of the relevant portion of the Document Send Out
History. The entries in the Document Send Out History were (i) created in the ordinary course of
business; (ii) made at or about the time of the mailings; (iii) by a person with actual knowledge
of the mailings, or from information transmitted by a person with actual knowledge of the
mailings; (iv) and it is the ordinary course of business for RAS to keep and maintain such
Mailing Records.
4. My review of the Document Send Out History reveals that on July 21, 2023 a
copy of the Affirmation in Support of Plaintiff’s Motion was served upon the following parties
by depositing a true copy of same enclosed in a post-paid wrapper, addressed to the address
designated for the service of papers or to the last known address if no such address has been so
designated, in a post office-official depository under the exclusive care and custody of the United
States Postal Service as follows:
THE LAW OFFICES OF RICK S. COWLE, P.C.
RICK S. COWLE, ESQ
ATTORNEY FOR JOHN DE FREITAS & DONNA DE FREITAS
18 FAIR STREET
CARMEL, NY 10512
Dated: July 21, 2023 Robertson, Anschutz, Schneid, Crane & Partners, PLLC
____________________________________
Brandon Wrazen, Esq.
ROBERTSON, ANSCHUTZ, SCHNEID,
CRANE & PARTNERS, PLLC
Attorney for Plaintiff
900 Merchants Concourse, Suite 310
Westbury, NY 11590
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FILED: DUTCHESS COUNTY CLERK 07/21/2023 02:45 PM INDEX NO. 2022-51497
NYSCEF DOC. NO. 53 RECEIVED NYSCEF: 07/21/2023
EXHIBIT A
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SendTy Document DateSentOut Defendant Address Notes
pe
Mailed Plaintiffs Reply to 7/21/2023 12:58 THE LAW OFFICES OF 18 FAIR STREET, Items Were Sent Out By Mail On
Opposition - Executed RICK S. COWLE, P.C. CARMEL NY 10512 Date: 7/21/2023 1:57:24 PM
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FILED: DUTCHESS COUNTY CLERK 07/21/2023 02:45 PM INDEX NO. 2022-51497
NYSCEF DOC. NO. 53 RECEIVED NYSCEF: 07/21/2023
Index # 2022-51497
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF DUTCHESS
________________________________________________
LOANCARE, LLC,
Plaintiff,
vs.
DONNA DE FREITAS; JOHN DE FREITAS,
"JOHN DOE #1" through "JOHN DOE #12", the last
twelve names being fictitious and unknown to plaintiff, the
persons 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,
Defendants.
____________________________________________________
AFFIRMATION OF SERVICE
____________________________________________________
ROBERTSON, ANSCHUTZ, SCHNEID, CRANE & PARTNERS, PLLC
Attorneys for Plaintiff
900 Merchants Concourse, Suite 310
Westbury, NY 11590
516-280-7675
____________________________________________________
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Preview
FILED: DUTCHESS COUNTY CLERK 07/21/2023 02:45 PM INDEX NO. 2022-51497 NYSCEF DOC. NO. 53 RECEIVED NYSCEF: 07/21/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF DUTCHESS _____________________________________________ LOANCARE, LLC, INDEX NO. 2022-51497 Plaintiff, vs. AFFIRMATION OF SERVICE DONNA DE FREITAS; et al. Defendants. _____________________________________________ Brandon Wrazen, Esq., an attorney duly admitted to practice law before the Courts of the State of New York, affirms under the penalty of perjury: 1. I am an associate with the law firm of Robertson, Anschutz, Schneid, Crane & Partners, PLLC ("RAS”), attorneys for the Plaintiff, in this foreclosure action. In my capacity as an associate of RAS, I have access to RAS’ business records, including the records of mailings associated with the above captioned case (“Mailing Records”). 2. I make this affirmation based upon my review of the Mailing Records, and from my own personal knowledge of how they are kept and maintained. The Mailing Records are (i) created by RAS in the ordinary course of its business; (ii) are made at or about the time of the mailings; (iii) by a person with actual knowledge of the mailings, or from information transmitted by a person with actual knowledge of the mailings; (iv) and it is the ordinary course of business for RAS to keep and maintain such Mailing Records. 3. The Mailing Records include a computer generated record of mailings for each case entitled the “Document Send Out History.” When any documents associated with a case are served by mail to a party, an entry is made in the Document Send Out History indicating what was mailed, the date of mailing, and the name and address to which the mail was sent. The relevant portion of the Document Send Out History for the above captioned case is annexed 19-376810 - JeV 1 of 5 FILED: DUTCHESS COUNTY CLERK 07/21/2023 02:45 PM INDEX NO. 2022-51497 NYSCEF DOC. NO. 53 RECEIVED NYSCEF: 07/21/2023 hereto as Exhibit “A”. I personally reviewed the Document Send Out History and confirmed that Exhibit “A” is a true and accurate printout of the relevant portion of the Document Send Out History. The entries in the Document Send Out History were (i) created in the ordinary course of business; (ii) made at or about the time of the mailings; (iii) by a person with actual knowledge of the mailings, or from information transmitted by a person with actual knowledge of the mailings; (iv) and it is the ordinary course of business for RAS to keep and maintain such Mailing Records. 4. My review of the Document Send Out History reveals that on July 21, 2023 a copy of the Affirmation in Support of Plaintiff’s Motion was served upon the following parties by depositing a true copy of same enclosed in a post-paid wrapper, addressed to the address designated for the service of papers or to the last known address if no such address has been so designated, in a post office-official depository under the exclusive care and custody of the United States Postal Service as follows: THE LAW OFFICES OF RICK S. COWLE, P.C. RICK S. COWLE, ESQ ATTORNEY FOR JOHN DE FREITAS & DONNA DE FREITAS 18 FAIR STREET CARMEL, NY 10512 Dated: July 21, 2023 Robertson, Anschutz, Schneid, Crane & Partners, PLLC ____________________________________ Brandon Wrazen, Esq. ROBERTSON, ANSCHUTZ, SCHNEID, CRANE & PARTNERS, PLLC Attorney for Plaintiff 900 Merchants Concourse, Suite 310 Westbury, NY 11590 19-376810 - JeV 2 of 5 FILED: DUTCHESS COUNTY CLERK 07/21/2023 02:45 PM INDEX NO. 2022-51497 NYSCEF DOC. NO. 53 RECEIVED NYSCEF: 07/21/2023 EXHIBIT A 19-376810 - JeV 3 of 5 FILED: DUTCHESS COUNTY CLERK 07/21/2023 02:45 PM INDEX NO. 2022-51497 NYSCEF DOC. NO. 53 RECEIVED NYSCEF: 07/21/2023 SendTy Document DateSentOut Defendant Address Notes pe Mailed Plaintiffs Reply to 7/21/2023 12:58 THE LAW OFFICES OF 18 FAIR STREET, Items Were Sent Out By Mail On Opposition - Executed RICK S. COWLE, P.C. CARMEL NY 10512 Date: 7/21/2023 1:57:24 PM 19-376810 - JeV 4 of 5 FILED: DUTCHESS COUNTY CLERK 07/21/2023 02:45 PM INDEX NO. 2022-51497 NYSCEF DOC. NO. 53 RECEIVED NYSCEF: 07/21/2023 Index # 2022-51497 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF DUTCHESS ________________________________________________ LOANCARE, LLC, Plaintiff, vs. DONNA DE FREITAS; JOHN DE FREITAS, "JOHN DOE #1" through "JOHN DOE #12", the last twelve names being fictitious and unknown to plaintiff, the persons 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, Defendants. ____________________________________________________ AFFIRMATION OF SERVICE ____________________________________________________ ROBERTSON, ANSCHUTZ, SCHNEID, CRANE & PARTNERS, PLLC Attorneys for Plaintiff 900 Merchants Concourse, Suite 310 Westbury, NY 11590 516-280-7675 ____________________________________________________ 19-376810 - JeV 5 of 5