On June 30, 2021 a
AFFIRMATION OF ATTORNEY FEES
was filed
involving a dispute between
Glens Falls National Bank And Trust Company,
and
Melissa A. Burdo,
for Commercial - Contract
in the District Court of Clinton County.
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FILED: CLINTON COUNTY CLERK 10/06/2021 11:49 AM INDEX NO. 2021-00021301
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 10/06/2021
STATE OF NEW YORK
SUPREME COURT COUNTY OF CLINTON
GLENS FALLS NATIONAL BANK
AND TRUST COMPANY,
AFFIDAVIT IN SUPPORT
Plaintiff, OF MOTION FOR
DEFAULT JUDGMENT
-against-
Index No.: 2021-00021301
MELISSA A. BURDO,
Defendant(s).
STATE OF NEW YORK )
) ss.:
COUNTY OF WARREN )
JAMES E. CULLUM, being duly sworn, deposes and says:
1. I am. an attorney with the law firm of McPhillips, Fitzgerald, & Cullum LLP,
attorneys for the Plaintiff in the above-entitled action.
2. Plaintiffs Summons with Notice in this action seeks recovery of reasonable
attorneys'
fees incurred by Plaintiff in maintaining this action, up to fifteen (15%) of the amount
due and owing 15ursuant to the terms of the Agreement eñtered into between Plaintiff and
Defendant. Pursuant to the terms of tliat Agreemeñt, Defendant is specifically liable for such
attorneys'
fees.
3. On or about June 29, 2021 Plaintiff retained this law firm for the purpose of
commencing legal action against Defendant for the purposes of taking Judgment against the
Defendant and collecting the amount due and owing from Defendant to Plaintiff.
4. Defendant was served personally with the Summons with Notice on July 9, 2021
Confidential"
followed by mailing in a plain envelope marked "Personal and on July 15, 2021
and, has; therefore, received actual notice of this proceeding (Exhibit "A").
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FILED: CLINTON COUNTY CLERK 10/06/2021 11:49 AM INDEX NO. 2021-00021301
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 10/06/2021
5. In connection with this actior, this ñrm has rendered the following services to the
Plaintiff: initial conferences, telephone conferences and correspondence with the Plaintiff
concerning the Defendant's outstanding obligations; review of the loan agreement and related
documents; preparation, filing and obtaining Index Number; arranging for service of the
Summons with Notice upon the Defendant; preparation and service of C.P.L.R. §3215 Notice;
filing papers with the Clinton County Clerk; and preparation of Notice of Motion, client's
affidavit, attorney's^affidavit and proposed Order in cönnectiofi with this motiiin for judgment;
numerous items of correspiindence and other miscellaneous services.
6. Upon infonnation and belief, your deponent's law firm has spent a total of 1.7
to-
hour(s) on this file to date, ind expects spend an additional 3.0'lrour(s) in completion of the
file, including preparation of Judgment, arranging foi entry of Judgment and execution upon
such Judgment. The hourlfrate is $210.00.
7. The Defendant, under the terms of the Agreement, is fiable to the Pl'aintiff for the
actual reasonable attorneys fees, not exceeding fifteen (15%) percent of the amount due.
attorneys'
8. The actual reasonable fees that the 151aintiff is or will be obligated to
pay this firm total $789.00, whereas fifteen (15%) percent of the amount due is $840.58.
9. As a result of the foregoing, the Defendant is liable to the Plaintiff in the sum of
attorrieys'
$789.00 for teès; that is, the lesser of the two amounts set forth in Paragraph 8.
10. In accordance with the Servicemembers Civil Relief Act of 2003, I confirmed,
after the Defendant(s) defadh that she is not in the military serviae by a search of the Military
Status Report provided by the Department of Defense Manpower Data Center.
11. No previous application for the relief herein prayed for has been made
12. it is hereby affirmed thät the applicable statute of limitations has not expired.
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FILED: CLINTON COUNTY CLERK 10/06/2021 11:49 AM INDEX NO. 2021-00021301
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 10/06/2021
WHEREFORE, your dep0ñent respectfully requests that Default Judgment be granted in
attorneys'
favor of the Plaintiff and against the Defendant, and providing for fees in the sum of
$789.00.
JAMES E. CULLUM
Sworn to before me this
day of October, 2021.
Notary Public
TINA A. SWEETSER
State of New York
Notary Public,
Registration No. 5005105
Qualified in Warren County
Commission Expires Nov. 30, 20
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Document Filed Date
October 06, 2021
Case Filing Date
June 30, 2021
Category
Commercial - Contract
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FILED: CLINTON COUNTY CLERK 10/06/2021 11:49 AM INDEX NO. 2021-00021301 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 10/06/2021 STATE OF NEW YORK SUPREME COURT COUNTY OF CLINTON GLENS FALLS NATIONAL BANK AND TRUST COMPANY, AFFIDAVIT IN SUPPORT Plaintiff, OF MOTION FOR DEFAULT JUDGMENT -against- Index No.: 2021-00021301 MELISSA A. BURDO, Defendant(s). STATE OF NEW YORK ) ) ss.: COUNTY OF WARREN ) JAMES E. CULLUM, being duly sworn, deposes and says: 1. I am. an attorney with the law firm of McPhillips, Fitzgerald, & Cullum LLP, attorneys for the Plaintiff in the above-entitled action. 2. Plaintiffs Summons with Notice in this action seeks recovery of reasonable attorneys' fees incurred by Plaintiff in maintaining this action, up to fifteen (15%) of the amount due and owing 15ursuant to the terms of the Agreement eñtered into between Plaintiff and Defendant. Pursuant to the terms of tliat Agreemeñt, Defendant is specifically liable for such attorneys' fees. 3. On or about June 29, 2021 Plaintiff retained this law firm for the purpose of commencing legal action against Defendant for the purposes of taking Judgment against the Defendant and collecting the amount due and owing from Defendant to Plaintiff. 4. Defendant was served personally with the Summons with Notice on July 9, 2021 Confidential" followed by mailing in a plain envelope marked "Personal and on July 15, 2021 and, has; therefore, received actual notice of this proceeding (Exhibit "A"). 1 of 3 FILED: CLINTON COUNTY CLERK 10/06/2021 11:49 AM INDEX NO. 2021-00021301 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 10/06/2021 5. In connection with this actior, this ñrm has rendered the following services to the Plaintiff: initial conferences, telephone conferences and correspondence with the Plaintiff concerning the Defendant's outstanding obligations; review of the loan agreement and related documents; preparation, filing and obtaining Index Number; arranging for service of the Summons with Notice upon the Defendant; preparation and service of C.P.L.R. §3215 Notice; filing papers with the Clinton County Clerk; and preparation of Notice of Motion, client's affidavit, attorney's^affidavit and proposed Order in cönnectiofi with this motiiin for judgment; numerous items of correspiindence and other miscellaneous services. 6. Upon infonnation and belief, your deponent's law firm has spent a total of 1.7 to- hour(s) on this file to date, ind expects spend an additional 3.0'lrour(s) in completion of the file, including preparation of Judgment, arranging foi entry of Judgment and execution upon such Judgment. The hourlfrate is $210.00. 7. The Defendant, under the terms of the Agreement, is fiable to the Pl'aintiff for the actual reasonable attorneys fees, not exceeding fifteen (15%) percent of the amount due. attorneys' 8. The actual reasonable fees that the 151aintiff is or will be obligated to pay this firm total $789.00, whereas fifteen (15%) percent of the amount due is $840.58. 9. As a result of the foregoing, the Defendant is liable to the Plaintiff in the sum of attorrieys' $789.00 for teès; that is, the lesser of the two amounts set forth in Paragraph 8. 10. In accordance with the Servicemembers Civil Relief Act of 2003, I confirmed, after the Defendant(s) defadh that she is not in the military serviae by a search of the Military Status Report provided by the Department of Defense Manpower Data Center. 11. No previous application for the relief herein prayed for has been made 12. it is hereby affirmed thät the applicable statute of limitations has not expired. 2 of 3 FILED: CLINTON COUNTY CLERK 10/06/2021 11:49 AM INDEX NO. 2021-00021301 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 10/06/2021 WHEREFORE, your dep0ñent respectfully requests that Default Judgment be granted in attorneys' favor of the Plaintiff and against the Defendant, and providing for fees in the sum of $789.00. JAMES E. CULLUM Sworn to before me this day of October, 2021. Notary Public TINA A. SWEETSER State of New York Notary Public, Registration No. 5005105 Qualified in Warren County Commission Expires Nov. 30, 20 3 of 3