Preview
FILED: RENSSELAER COUNTY CLERK 10/27/2022 10:27 AM INDEX NO. EF2018-260483
NYSCEF DOC. NO. 53 RECEIVED NYSCEF: 10/27/2022
EXHIBIT Q
FILED: RENSSELAER COUNTY CLERK 10/27/2022 10:27 AM INDEX NO. EF2018-260483
NYSCEF DOC. NO. 53 RECEIVED NYSCEF: 10/27/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF RENSSELAER
----------------------------------------------------------------X
NATIONSTAR MORTGAGE LLC D/B/A MR. INDEX NO.: 2018-260483
COOPER,
Plaintiff, AFFIRMATION IN SUPPORT OF
-against- REASONABLE ATTORNEY'S
FEES
BARBARA J. JOHNSON; STEPHANIE V.
JOHNSON, MORTGAGED PROPERTY:
31 MADISON AVENUE
#1" #12,"
"JOHN DOE through "JOHN DOE the last TROY, NY 12180
twelve names being fictitious and unknown to plaintiff,
the persons or parties intended being the tenants, COUNTY: RENSSELAER
occupants, persons or corporations, if any, having or
claiming an interest in or lien upon the premises SBL#: Section 112.40, Block 3, Lot 26
described in the Complaint,
Defendant(s).
___________________..-----_____________________________________x
I, Glenn W. Caulfield, Esq., pursuant to § 2106 [NYCLS] and under the penalties of
perjury, affirm as follows:
1. I am an associate of the firm of RAS Boriskin, LLC, the attorneys of record for the
Plaintiff, NATIONSTAR MORTGAGE LLC D/B/A MR. COOPER, (hereinafter referred to as
"Plaintiff") in the above-entitled action, and as such, I am familiar with all facts and
circumstances therein.
attorneys'
2. I make this statement in support of Plaintiff's application to seek reasonable
fees. Plaintiff hereby requests an award of four-thousand nine-hundred fifty dollars ($4,950.00)
attorneys'
as reasonable fees.
18-172756 - RoO
FILED: RENSSELAER COUNTY CLERK 10/27/2022 10:27 AM INDEX NO. EF2018-260483
NYSCEF DOC. NO. 53 RECEIVED NYSCEF: 10/27/2022
3. That pursuant to paragraph 18 of the subject Mortgage, a copy of which is annexed
the Notice of Motion for a Judgment of Foreclosure and Sale hereto as Exhibit "C", the
mortgagee is entitled to reasonable fees for the services rendered in connection with this action.
4. Set forth below is an itemization of the services rendered by this firm on behalf of the
plaintiff. It is submitted that the following services were performed in connection with this
foreclosure action:
Legal Services Performed Time
a) Receipt and review of bank file and loan documents. 1.5
b) Reviewed foreclosure title certificate. 1.5
c) Prepare and review of the summons, complaint and lis
pendens. 2.5
d) Monitoring service of process. 1.5
e) Receipt and review of affidavits of service and any
notice(s) of appearance. 1.0
f) Prepare and review application for Order of Reference. 2.5
g) Receipt and review of indebtedness figures and
preparation of affidavit for computation. 2.0
h) Prepare and review the proposed referee's oath, report,
abstract of documentary evidence, statement of
computation and exhibits for referee. 2.5
i.) Telephone calls, status reports and correspondence with
clients, and title company. 4.0
j.) Prepare and review the application for Judgment,
including proposed affidavit of regularity in support of
foreclosure and sale. 4.0
1 8-172756 - RoO
FILED: RENSSELAER COUNTY CLERK 10/27/2022 10:27 AM INDEX NO. EF2018-260483
NYSCEF DOC. NO. 53 RECEIVED NYSCEF: 10/27/2022
Total =
23.00
5. In seeking compensation, affirmant wishes to advise the Court that the above
timeframes are averages based on volume as the firm is paid by the client a flat fee of $4,950.00,
which fee encompasses all work, other than contested issues, from receipt of the file, up through
and including the foreclosure sale, plus costs and disbursements. Affirmants average hourly rate
for foreclosure matters is $215.00. Thus, if the work, in connection with th.is action, were billed
hourly, affirmants corresponding legal fee would be approximately the sarne as the flat rate, and
plaintiff seeks an award for attorney fees in the amount of $4,950.00 for these services, which
fees are equivalent to the prevailing rate for similar legal work in the community.
6. Affirmant was admitted to practice law in the State of New York in 2015 and has
three years experience handling foreclosure proceedings and representing mortgagees. As a firm,
RAS Boriskin, LLC attorneys have many decades worth of experience, and has an excellent
reputation representing major financial institutions in foreclosure and related litigation.
WHEREFORE, Plaintiff respectfully requests that this Court award the amount of
attorneys'
$4,950.00 for reasonable fees, together with such other and further relief as the Court
may deem just and equitable.
DATED: October 30, 2020
Westbury, New York Glenn W. Caulfield .
RAS Boriskin
Attorneys f laintiff
900 Merchants Concourse, Suite 310
Westbury, NY 11590
516-280-7675
18-172756 - RoO
FILED: RENSSELAER COUNTY CLERK 10/27/2022 10:27 AM INDEX NO. EF2018-260483
NYSCEF DOC. NO. 53 RECEIVED NYSCEF: 10/27/2022
Preview
FILED: RENSSELAER COUNTY CLERK 10/27/2022 10:27 AM INDEX NO. EF2018-260483 NYSCEF DOC. NO. 53 RECEIVED NYSCEF: 10/27/2022 EXHIBIT Q FILED: RENSSELAER COUNTY CLERK 10/27/2022 10:27 AM INDEX NO. EF2018-260483 NYSCEF DOC. NO. 53 RECEIVED NYSCEF: 10/27/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF RENSSELAER ----------------------------------------------------------------X NATIONSTAR MORTGAGE LLC D/B/A MR. INDEX NO.: 2018-260483 COOPER, Plaintiff, AFFIRMATION IN SUPPORT OF -against- REASONABLE ATTORNEY'S FEES BARBARA J. JOHNSON; STEPHANIE V. JOHNSON, MORTGAGED PROPERTY: 31 MADISON AVENUE #1" #12," "JOHN DOE through "JOHN DOE the last TROY, NY 12180 twelve names being fictitious and unknown to plaintiff, the persons or parties intended being the tenants, COUNTY: RENSSELAER occupants, persons or corporations, if any, having or claiming an interest in or lien upon the premises SBL#: Section 112.40, Block 3, Lot 26 described in the Complaint, Defendant(s). ___________________..-----_____________________________________x I, Glenn W. Caulfield, Esq., pursuant to § 2106 [NYCLS] and under the penalties of perjury, affirm as follows: 1. I am an associate of the firm of RAS Boriskin, LLC, the attorneys of record for the Plaintiff, NATIONSTAR MORTGAGE LLC D/B/A MR. COOPER, (hereinafter referred to as "Plaintiff") in the above-entitled action, and as such, I am familiar with all facts and circumstances therein. attorneys' 2. I make this statement in support of Plaintiff's application to seek reasonable fees. Plaintiff hereby requests an award of four-thousand nine-hundred fifty dollars ($4,950.00) attorneys' as reasonable fees. 18-172756 - RoO FILED: RENSSELAER COUNTY CLERK 10/27/2022 10:27 AM INDEX NO. EF2018-260483 NYSCEF DOC. NO. 53 RECEIVED NYSCEF: 10/27/2022 3. That pursuant to paragraph 18 of the subject Mortgage, a copy of which is annexed the Notice of Motion for a Judgment of Foreclosure and Sale hereto as Exhibit "C", the mortgagee is entitled to reasonable fees for the services rendered in connection with this action. 4. Set forth below is an itemization of the services rendered by this firm on behalf of the plaintiff. It is submitted that the following services were performed in connection with this foreclosure action: Legal Services Performed Time a) Receipt and review of bank file and loan documents. 1.5 b) Reviewed foreclosure title certificate. 1.5 c) Prepare and review of the summons, complaint and lis pendens. 2.5 d) Monitoring service of process. 1.5 e) Receipt and review of affidavits of service and any notice(s) of appearance. 1.0 f) Prepare and review application for Order of Reference. 2.5 g) Receipt and review of indebtedness figures and preparation of affidavit for computation. 2.0 h) Prepare and review the proposed referee's oath, report, abstract of documentary evidence, statement of computation and exhibits for referee. 2.5 i.) Telephone calls, status reports and correspondence with clients, and title company. 4.0 j.) Prepare and review the application for Judgment, including proposed affidavit of regularity in support of foreclosure and sale. 4.0 1 8-172756 - RoO FILED: RENSSELAER COUNTY CLERK 10/27/2022 10:27 AM INDEX NO. EF2018-260483 NYSCEF DOC. NO. 53 RECEIVED NYSCEF: 10/27/2022 Total = 23.00 5. In seeking compensation, affirmant wishes to advise the Court that the above timeframes are averages based on volume as the firm is paid by the client a flat fee of $4,950.00, which fee encompasses all work, other than contested issues, from receipt of the file, up through and including the foreclosure sale, plus costs and disbursements. Affirmants average hourly rate for foreclosure matters is $215.00. Thus, if the work, in connection with th.is action, were billed hourly, affirmants corresponding legal fee would be approximately the sarne as the flat rate, and plaintiff seeks an award for attorney fees in the amount of $4,950.00 for these services, which fees are equivalent to the prevailing rate for similar legal work in the community. 6. Affirmant was admitted to practice law in the State of New York in 2015 and has three years experience handling foreclosure proceedings and representing mortgagees. As a firm, RAS Boriskin, LLC attorneys have many decades worth of experience, and has an excellent reputation representing major financial institutions in foreclosure and related litigation. WHEREFORE, Plaintiff respectfully requests that this Court award the amount of attorneys' $4,950.00 for reasonable fees, together with such other and further relief as the Court may deem just and equitable. DATED: October 30, 2020 Westbury, New York Glenn W. Caulfield . RAS Boriskin Attorneys f laintiff 900 Merchants Concourse, Suite 310 Westbury, NY 11590 516-280-7675 18-172756 - RoO FILED: RENSSELAER COUNTY CLERK 10/27/2022 10:27 AM INDEX NO. EF2018-260483 NYSCEF DOC. NO. 53 RECEIVED NYSCEF: 10/27/2022