Preview
FILED: WASHINGTON COUNTY CLERK 04/08/2021 03:20 PM INDEX NO. EC2020-31568
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 04/08/2021
SUPREME COURT
COUNTY OF WASHINGTON STATE OF NEW YORK
NBT Bank, National Association
Index No. EC2020-31568
vs. AFFIRMATION IN
SUPPORT OF CLAIM
ATTORNEYS'
FOR
Robert W. Quinoes Jr.
FEES
Defendant.
Louis Levine, hereby affirms:
1. I am an attorney licensed to practice before the Courts of this state, a partner in the firm of
MELVIN & MELVIN, PLLC, Attorneys of record for the Plaintiff herein, am fully familiar
with the circumstances of this case and the professional and para-professional services
furnished relative thereto and I respectfully submit this affirmation pursuant to Section 2106
of the C.P.L.R., under the penalties of perjury, in support of Plaintiff's claim for default
Judgment and attorneys fees in this action.
2. The above-entitled action was brought against the Defendant herein seeking to recover
money damages on behalf of the Plaintiff, as specifically set forth in the Complaint herein.
3. This action was commenced by the filing of a Summons and Complaint with the Clerk of
this Court on March 02, 2020, and said Summons and Complaint was served on the
Defendant Robert W. Quinoes Jr. herein on March 17, 2020.
4. The specified time in which to answer said Complaint, plead or otherwise move has expired
and Defendant has submitted no answer or appearance.
5. Pursuant to C.P.L.R. Section 3215, Plaintiff's attorneys mailed an additional copy of the
Summons in this action to Defendant Robert W. Quinoes Jr. on June 04, 2020, at Defendant
last known address.
6. The following services have been specifically or will necessarily be performed in the action
herein, with an indication of the approximate time spent thereon;
a) Account received from client, physical file opened, information and
data entered to computer system
Paralegals 20 min.
b) Review of all documentation received from Plaintiff to determine any
action necessary prior to suit, including postal searches, property
assessment information and/or employment verifications to establish
1 of 4
FILED: WASHINGTON COUNTY CLERK 04/08/2021 03:20 PM INDEX NO. EC2020-31568
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 04/08/2021
proper court jurisdiction
Paralegals 30 min.
c) Review of contracts, agreements, security or collateral and credit
applications to determine most appropriate cause of action and
review of paralegal determination and preliminary work
Lawyer 10 min.
d) Preparation of Summons and Complaint and Affidavit of Facts
Paralegals 30 min.
e) Review of Surnmons and Complaint and Affidavit of Facts
Lawyers 10 min.
f) Submission of completed Affidavit of Facts to client by mail for
review and signature
Paralegals 10 min.
g) Submitting original Summons and Complaint to Court Clerk for
filing with payment of appropriate fees and requesting time-stamped
copy from Court and bookkeeping relative thereto
Paralegals 20 min.
h) Receipt of time-stamped copy of summons and complaint from
Court Clerk, additional copies of suit papers with index
stamping
number and date and issuance of same to County Sheriff or
filing
private process serving agency with payment of any required
advanced fees and subsequent telephone conversations as necessary
to complete service upon Defendant.
Paralegals 20 min.
i) Receipt of Affidavit of Service from County Sheriff or private
process serving agency, transfer of information to suit file and
computer system, payment of any remaining process serving fees.
Paralegals 20 min.
j) Filing Affidavit of Service with Court Clerk in person or by mail with
cover letter requesting a time-stamped copy by return mail
Paralegals 20 min.
k) Mailing additional copy of summons to Defendant and preparation
of Affidavit of Mailing of same
Paralegals 15 min.
1) Receipt of time-stamped copy of Affidavit of Service of suit papers
from Court Clerk, entry of same to physical file and computer system
2 of 4
FILED: WASHINGTON COUNTY CLERK 04/08/2021 03:20 PM INDEX NO. EC2020-31568
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 04/08/2021
and diarying account for judgment
Paralegals 15 min.
m) Correspondence and/or telephone conversations with Defendant
and/or counsel for Defendant prior to judgment entry, collection of
installment payments from Defendant andbookkeeping relative
thereto, including bank deposits and remittances to client. The
amount of time spent on each action varies and is estimated, over the
life of the file, which is usually one to four years, based upon the
experience and belief of the affiant herein
Paralegals 90 min.
n) Attorney conferences with Plaintiff, Defendant and/or counsel for
Defendant, estimated over the life of the file, based upon the
experience and belief of the affiant herein
Lawyers 30 min.
o) Preparation of proposed Order for Attorneys Fees and supporting
Affirmation and Request for Judicial Intervention
Paralegals 30 min.
p) Filing Request for Judicial Intervention with the Clerk of this Court,
payment of appropriate fees, submission of proposed Order,
Affirmation and all supporting documentation to ex-parte Judge of
this Court
Paralegals 20 min.
q) Receipt and review of Court Order Granting Attorneys Fees,
conforming file copies and entry of information to physical file and
computer system
Paralegals 10 min.
r) Preparation of Statement for Default Judgment, submitting same to
Court Clerk for filing, together with any originalmoving papers not
previously filed,obtaining time-stamped copy of judgment, ordering
transcript of judgment, when applicable, and payment of appropriate
docketing and/or transcript fees and bookkeeping relative thereto
Paralegals 30 min.
s) Periodic status and/or remittance reports of account to Plaintiff.
The time varies with each account but upon the experience and belief
of the affiant herein, over the life of the file, which is usually one to
four years
Paralegals 120 min.
7. This affirmation sets out the professional services by this law firm in this action and
3 of 4
FILED: WASHINGTON COUNTY CLERK 04/08/2021 03:20 PM INDEX NO. EC2020-31568
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 04/08/2021
said services, if billed to Plaintiff on an hourly basis, would be billed at the rate of
$300.00 per hour for attorneys services and $110.00 per hour for paralegal services.
8. The services directly attributable in this action that specifically have been or will
necessarily be rendered by lawyers in this firm involved approximately 0.8 hours and
by paralegal personnel in this firm approximately 8.3 hours for a total of 9.1 hours of
professional services.
9. The unpaid amount as shown in the Summons and Complaint in this action is
$6,684.14 with interest on the sum of $5,693.16 from June 12, 2019. The agreement
between the parties herein provides for the payment of attorneys fees on the unpaid
balance in the event said balance was referred to an attorney for collection and/or
suit purposes. The attorneys fees sought in this application are $853.97, which
amount does not exceed the amount allowed under the terms of said agreement.
10. No previous application or order for the relief sought herein has been made.
WHEREFORE, your affiant respectfully requests an Order granting atto y es in favor of the
Plaintiff and against Defendant in the sum of $853.97 and that Plaintif owed to included same
in its statement for Judgment and for such other further relief as to urt may seem just and
proper.
Dated: April 8, 2021
LO IS L E
M ELVIN, PLLC
A o eys or Plaintiff
217 South Salina Street
Syracuse, New York 13202-1390
Telephone: 315-234-0196
4 of 4
Preview
FILED: WASHINGTON COUNTY CLERK 04/08/2021 03:20 PM INDEX NO. EC2020-31568 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 04/08/2021 SUPREME COURT COUNTY OF WASHINGTON STATE OF NEW YORK NBT Bank, National Association Index No. EC2020-31568 vs. AFFIRMATION IN SUPPORT OF CLAIM ATTORNEYS' FOR Robert W. Quinoes Jr. FEES Defendant. Louis Levine, hereby affirms: 1. I am an attorney licensed to practice before the Courts of this state, a partner in the firm of MELVIN & MELVIN, PLLC, Attorneys of record for the Plaintiff herein, am fully familiar with the circumstances of this case and the professional and para-professional services furnished relative thereto and I respectfully submit this affirmation pursuant to Section 2106 of the C.P.L.R., under the penalties of perjury, in support of Plaintiff's claim for default Judgment and attorneys fees in this action. 2. The above-entitled action was brought against the Defendant herein seeking to recover money damages on behalf of the Plaintiff, as specifically set forth in the Complaint herein. 3. This action was commenced by the filing of a Summons and Complaint with the Clerk of this Court on March 02, 2020, and said Summons and Complaint was served on the Defendant Robert W. Quinoes Jr. herein on March 17, 2020. 4. The specified time in which to answer said Complaint, plead or otherwise move has expired and Defendant has submitted no answer or appearance. 5. Pursuant to C.P.L.R. Section 3215, Plaintiff's attorneys mailed an additional copy of the Summons in this action to Defendant Robert W. Quinoes Jr. on June 04, 2020, at Defendant last known address. 6. The following services have been specifically or will necessarily be performed in the action herein, with an indication of the approximate time spent thereon; a) Account received from client, physical file opened, information and data entered to computer system Paralegals 20 min. b) Review of all documentation received from Plaintiff to determine any action necessary prior to suit, including postal searches, property assessment information and/or employment verifications to establish 1 of 4 FILED: WASHINGTON COUNTY CLERK 04/08/2021 03:20 PM INDEX NO. EC2020-31568 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 04/08/2021 proper court jurisdiction Paralegals 30 min. c) Review of contracts, agreements, security or collateral and credit applications to determine most appropriate cause of action and review of paralegal determination and preliminary work Lawyer 10 min. d) Preparation of Summons and Complaint and Affidavit of Facts Paralegals 30 min. e) Review of Surnmons and Complaint and Affidavit of Facts Lawyers 10 min. f) Submission of completed Affidavit of Facts to client by mail for review and signature Paralegals 10 min. g) Submitting original Summons and Complaint to Court Clerk for filing with payment of appropriate fees and requesting time-stamped copy from Court and bookkeeping relative thereto Paralegals 20 min. h) Receipt of time-stamped copy of summons and complaint from Court Clerk, additional copies of suit papers with index stamping number and date and issuance of same to County Sheriff or filing private process serving agency with payment of any required advanced fees and subsequent telephone conversations as necessary to complete service upon Defendant. Paralegals 20 min. i) Receipt of Affidavit of Service from County Sheriff or private process serving agency, transfer of information to suit file and computer system, payment of any remaining process serving fees. Paralegals 20 min. j) Filing Affidavit of Service with Court Clerk in person or by mail with cover letter requesting a time-stamped copy by return mail Paralegals 20 min. k) Mailing additional copy of summons to Defendant and preparation of Affidavit of Mailing of same Paralegals 15 min. 1) Receipt of time-stamped copy of Affidavit of Service of suit papers from Court Clerk, entry of same to physical file and computer system 2 of 4 FILED: WASHINGTON COUNTY CLERK 04/08/2021 03:20 PM INDEX NO. EC2020-31568 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 04/08/2021 and diarying account for judgment Paralegals 15 min. m) Correspondence and/or telephone conversations with Defendant and/or counsel for Defendant prior to judgment entry, collection of installment payments from Defendant andbookkeeping relative thereto, including bank deposits and remittances to client. The amount of time spent on each action varies and is estimated, over the life of the file, which is usually one to four years, based upon the experience and belief of the affiant herein Paralegals 90 min. n) Attorney conferences with Plaintiff, Defendant and/or counsel for Defendant, estimated over the life of the file, based upon the experience and belief of the affiant herein Lawyers 30 min. o) Preparation of proposed Order for Attorneys Fees and supporting Affirmation and Request for Judicial Intervention Paralegals 30 min. p) Filing Request for Judicial Intervention with the Clerk of this Court, payment of appropriate fees, submission of proposed Order, Affirmation and all supporting documentation to ex-parte Judge of this Court Paralegals 20 min. q) Receipt and review of Court Order Granting Attorneys Fees, conforming file copies and entry of information to physical file and computer system Paralegals 10 min. r) Preparation of Statement for Default Judgment, submitting same to Court Clerk for filing, together with any originalmoving papers not previously filed,obtaining time-stamped copy of judgment, ordering transcript of judgment, when applicable, and payment of appropriate docketing and/or transcript fees and bookkeeping relative thereto Paralegals 30 min. s) Periodic status and/or remittance reports of account to Plaintiff. The time varies with each account but upon the experience and belief of the affiant herein, over the life of the file, which is usually one to four years Paralegals 120 min. 7. This affirmation sets out the professional services by this law firm in this action and 3 of 4 FILED: WASHINGTON COUNTY CLERK 04/08/2021 03:20 PM INDEX NO. EC2020-31568 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 04/08/2021 said services, if billed to Plaintiff on an hourly basis, would be billed at the rate of $300.00 per hour for attorneys services and $110.00 per hour for paralegal services. 8. The services directly attributable in this action that specifically have been or will necessarily be rendered by lawyers in this firm involved approximately 0.8 hours and by paralegal personnel in this firm approximately 8.3 hours for a total of 9.1 hours of professional services. 9. The unpaid amount as shown in the Summons and Complaint in this action is $6,684.14 with interest on the sum of $5,693.16 from June 12, 2019. The agreement between the parties herein provides for the payment of attorneys fees on the unpaid balance in the event said balance was referred to an attorney for collection and/or suit purposes. The attorneys fees sought in this application are $853.97, which amount does not exceed the amount allowed under the terms of said agreement. 10. No previous application or order for the relief sought herein has been made. WHEREFORE, your affiant respectfully requests an Order granting atto y es in favor of the Plaintiff and against Defendant in the sum of $853.97 and that Plaintif owed to included same in its statement for Judgment and for such other further relief as to urt may seem just and proper. Dated: April 8, 2021 LO IS L E M ELVIN, PLLC A o eys or Plaintiff 217 South Salina Street Syracuse, New York 13202-1390 Telephone: 315-234-0196 4 of 4