Preview
FILED: SCHOHARIE COUNTY CLERK 09/15/2021 12:14 PM INDEX NO. 2021-344
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 09/15/2021
SUPREME COURT
COUNTY OF SCHOHARIE STATE OF NEW YORK
NBT Bank, National Association
Index No. 2021-344
vs. AFFIRMATION IN
SUPPORT OF CLAIM
ATTORNEYS'
FOR
Lauren Anderson
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 Plaintiffs 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 June 23, 2021, and said Summons and Complaint was served on the
Defendant Lauren Anderson herein on July 22, 2021.
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, Plaintiffs attorneys mailed an additional copy of the
Summons in this action to Defendant Lauren Anderson on July 29, 2021, 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,
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FILED: SCHOHARIE COUNTY CLERK 09/15/2021 12:14 PM INDEX NO. 2021-344
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 09/15/2021
property assessment information and/or employment verifications to
establish 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 Summons 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, stamping additional copies of suit papers with index
number and filing date and issuance of same to County Sheriff or
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 retum mail
Paralegals 20 min.
k) Mailing additional copy of summons to Defendant and preparation
of Affidavit of Mailing of same
Paralegals 15 min.
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NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 09/15/2021
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 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 and bookkeeping 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 original moving 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.
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7. This affirmation sets out the professional services by this law firm in this action
and 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
$5,674.35 with interest on the sum of $5,072.36 from May 4, 2021. 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 $760.85, 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 attom fees in favor of the
Plaintiff and against Defendant in the sum of $760.85 and that Plain be a owed to included
same in its statement for Judgment and for such other further reli a this Court may seem just
and proper.
Dated: September 14, 2021
LpUIS
MELV & EL I , PLLC
/'Atto ys r Plaintiff
21 S Salina Street
acuse, New York 13202-1390
Telephone: 315-234-0196
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Preview
FILED: SCHOHARIE COUNTY CLERK 09/15/2021 12:14 PM INDEX NO. 2021-344 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 09/15/2021 SUPREME COURT COUNTY OF SCHOHARIE STATE OF NEW YORK NBT Bank, National Association Index No. 2021-344 vs. AFFIRMATION IN SUPPORT OF CLAIM ATTORNEYS' FOR Lauren Anderson 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 Plaintiffs 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 June 23, 2021, and said Summons and Complaint was served on the Defendant Lauren Anderson herein on July 22, 2021. 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, Plaintiffs attorneys mailed an additional copy of the Summons in this action to Defendant Lauren Anderson on July 29, 2021, 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, 1 of 4 FILED: SCHOHARIE COUNTY CLERK 09/15/2021 12:14 PM INDEX NO. 2021-344 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 09/15/2021 property assessment information and/or employment verifications to establish 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 Summons 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, stamping additional copies of suit papers with index number and filing date and issuance of same to County Sheriff or 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 retum mail Paralegals 20 min. k) Mailing additional copy of summons to Defendant and preparation of Affidavit of Mailing of same Paralegals 15 min. 2 of 4 FILED: SCHOHARIE COUNTY CLERK 09/15/2021 12:14 PM INDEX NO. 2021-344 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 09/15/2021 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 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 and bookkeeping 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 original moving 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. 3 of 4 FILED: SCHOHARIE COUNTY CLERK 09/15/2021 12:14 PM INDEX NO. 2021-344 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 09/15/2021 7. This affirmation sets out the professional services by this law firm in this action and 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 $5,674.35 with interest on the sum of $5,072.36 from May 4, 2021. 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 $760.85, 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 attom fees in favor of the Plaintiff and against Defendant in the sum of $760.85 and that Plain be a owed to included same in its statement for Judgment and for such other further reli a this Court may seem just and proper. Dated: September 14, 2021 LpUIS MELV & EL I , PLLC /'Atto ys r Plaintiff 21 S Salina Street acuse, New York 13202-1390 Telephone: 315-234-0196 4 of 4