On May 17, 2022 a
Exhibit,Appendix
was filed
involving a dispute between
M&T Bank,
and
Cody J. Nichols,
John Doe,
Manufacturers And Traders Trust Company,
for Real Property - Mortgage Foreclosure - Residential
in the District Court of Erie County.
Preview
FILED: ERIE COUNTY CLERK 11/01/2023 12:32 PM INDEX NO. 805833/2022
NYSCEF DOC. NO. 72 RECEIVED NYSCEF: 11/01/2023
Exhibit A
{5318969: }
FILED: ERIE COUNTY CLERK 11/01/2023 12:32 PM INDEX NO. 805833/2022
INDEX NO. 805833/2022
FILED
NYSCEF : ERIE
DOC. NO. COUNTY
72 C RK 0 2 0 4 : 9
RECEIVED NYSCEF: 11/01/2023
NYSCEF DoC. NO. 4 RECEIVED NYSCEF: 05/17/2022
SUPREME COURT OF THE 5TATE OF NEW YORK
COUNTY OF ERIE
M&T BANK, CERTIFICATE OF MERIT
PURSUANT TO CPLR 3012-b
Plaintiff,
Index No.:
Property Address:
CODY J. NICHOLS, MANUFACTURERS AND 8497 Heath Road
TRADERS TRUST COMPANY, JOHN DOE, Colden, NY 14033
Defendants.
1. I am an attomey at law duly licensed to practice in the State ofNewYork, and am affiliated
with the law firm of Woods Oviatt Gihnan LLP, attorney for plaintiff M&T Bank in this action.
2. This residential foreclosure action involves a home loan, as such term is defined in Real
Property Actions and Proceedings Law §l304. Upon information and belief, defendant Cody J.
Nichols is a resident of the property subject to foreclosure.
3. I have reviewed the facts of this case and reviewed pertinent documents, including the
mortgage, security agreement and note or bond underlying the mortgage executed by defendant,
all instruments of assignment (if any), and all other instruments of indebtedness including any
modification, extension, and consolidation.
4. . On May 9, 2022 I consulted about the facts of this case with the following Representatives
of Plaintiff:
Name Title
Kelly A. Howland Assistant Vice President
5. Upon this review and consultation, to the best of my knowledge, information, and belief, I
certify that there is a reasonable basis for the commencement of this action, and that plaintiff is the
creditor entitled to enforce rights under these documents.
6. Listed in Exhibit Aand attached hereto are copies of the following documents not otherwise
included as attachments to the summons and complaint: the mortgage; all instruments .of
assignment (if any); and any other instrument of indebtedness, including any modification,
extension, and consolidation (Check box if no documents are attached in Exhibit A: [X].)
7. [IF APPLICABLE - Listed in Exhibit B and attached hereto are supplemental aftidavits
attesting that certain documents as described in paragraph 5 supra are lost, whether by destruction,
theft, or otherwise. (Check box if no documents are attached in Exhibit B: [X}.)]
{8849884:}105180-1
1 of 3
FILED: ERIE COUNTY CLERK 11/01/2023 12:32 PM INDEX NO. 805833/2022
No. 805833/2022
INDEXNYSCEF:
NYSCEF
FILED DOC.
: NO. 72COUNTY
ERIE CLERK 05 17 2 O : RECEIVED 11/01/2023
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 05/17/2022
8. I am aware of my obligations under New York Rules of Professional Conduct (22 NYCRR
Part 1200) and 22 NYCRR Part 130.
Dated: May 17, 2022
Monroe County
Irondequoit, New York
Brettanie L Hart Saxton, Esq.
Woods Oviatt Gilman LLP
Attorneysfor Plaintiff
500 Bausch & Lomb Place
Rochester, NY 14604
Tel.: 855-227-5072
{8849884:}105180-1
2 of 3
FILED: ERIE COUNTY CLERK 11/01/2023 12:32 PM INDEX NO. 805833/2022
FILED: ERIE
NYSCEF DOC. NO. 72COUNTY CLERK 05/17/2022 04:39 PM) INDEX
RECEIVED NO.
NYSCEF:805833/2022
11/01/2023
NYSCEF DOC. NO. 4
RECEIVED NYSCEF: 05/17/2022
"A"
Exhibit
{8849884:}105180-1
3 of 3
Document Filed Date
November 01, 2023
Case Filing Date
May 17, 2022
Category
Real Property - Mortgage Foreclosure - Residential
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Preview
FILED: ERIE COUNTY CLERK 11/01/2023 12:32 PM INDEX NO. 805833/2022 NYSCEF DOC. NO. 72 RECEIVED NYSCEF: 11/01/2023 Exhibit A {5318969: } FILED: ERIE COUNTY CLERK 11/01/2023 12:32 PM INDEX NO. 805833/2022 INDEX NO. 805833/2022 FILED NYSCEF : ERIE DOC. NO. COUNTY 72 C RK 0 2 0 4 : 9 RECEIVED NYSCEF: 11/01/2023 NYSCEF DoC. NO. 4 RECEIVED NYSCEF: 05/17/2022 SUPREME COURT OF THE 5TATE OF NEW YORK COUNTY OF ERIE M&T BANK, CERTIFICATE OF MERIT PURSUANT TO CPLR 3012-b Plaintiff, Index No.: Property Address: CODY J. NICHOLS, MANUFACTURERS AND 8497 Heath Road TRADERS TRUST COMPANY, JOHN DOE, Colden, NY 14033 Defendants. 1. I am an attomey at law duly licensed to practice in the State ofNewYork, and am affiliated with the law firm of Woods Oviatt Gihnan LLP, attorney for plaintiff M&T Bank in this action. 2. This residential foreclosure action involves a home loan, as such term is defined in Real Property Actions and Proceedings Law §l304. Upon information and belief, defendant Cody J. Nichols is a resident of the property subject to foreclosure. 3. I have reviewed the facts of this case and reviewed pertinent documents, including the mortgage, security agreement and note or bond underlying the mortgage executed by defendant, all instruments of assignment (if any), and all other instruments of indebtedness including any modification, extension, and consolidation. 4. . On May 9, 2022 I consulted about the facts of this case with the following Representatives of Plaintiff: Name Title Kelly A. Howland Assistant Vice President 5. Upon this review and consultation, to the best of my knowledge, information, and belief, I certify that there is a reasonable basis for the commencement of this action, and that plaintiff is the creditor entitled to enforce rights under these documents. 6. Listed in Exhibit Aand attached hereto are copies of the following documents not otherwise included as attachments to the summons and complaint: the mortgage; all instruments .of assignment (if any); and any other instrument of indebtedness, including any modification, extension, and consolidation (Check box if no documents are attached in Exhibit A: [X].) 7. [IF APPLICABLE - Listed in Exhibit B and attached hereto are supplemental aftidavits attesting that certain documents as described in paragraph 5 supra are lost, whether by destruction, theft, or otherwise. (Check box if no documents are attached in Exhibit B: [X}.)] {8849884:}105180-1 1 of 3 FILED: ERIE COUNTY CLERK 11/01/2023 12:32 PM INDEX NO. 805833/2022 No. 805833/2022 INDEXNYSCEF: NYSCEF FILED DOC. : NO. 72COUNTY ERIE CLERK 05 17 2 O : RECEIVED 11/01/2023 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 05/17/2022 8. I am aware of my obligations under New York Rules of Professional Conduct (22 NYCRR Part 1200) and 22 NYCRR Part 130. Dated: May 17, 2022 Monroe County Irondequoit, New York Brettanie L Hart Saxton, Esq. Woods Oviatt Gilman LLP Attorneysfor Plaintiff 500 Bausch & Lomb Place Rochester, NY 14604 Tel.: 855-227-5072 {8849884:}105180-1 2 of 3 FILED: ERIE COUNTY CLERK 11/01/2023 12:32 PM INDEX NO. 805833/2022 FILED: ERIE NYSCEF DOC. NO. 72COUNTY CLERK 05/17/2022 04:39 PM) INDEX RECEIVED NO. NYSCEF:805833/2022 11/01/2023 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 05/17/2022 "A" Exhibit {8849884:}105180-1 3 of 3