Preview
FILED: WAYNE COUNTY CLERK 01/08/2024 03:42 PM INDEX NO. CV090506
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/08/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF WAYNE
WILMINGTON SAVINGS FUND SOCIETY, FSB, NOT IN
ITS INDIVIDUAL CAPACITY BUT SOLELY AS Index No.
CERTIFICATE TRUSTEE OF BOSCO CREDIT II TRUST Date Filed:
SERIES 2010-1,
Plaintiff, SUMMONS
-against-
GARRY L. KERR; LAURA A. KERR,
Defendants.
TO THE ABOVE-NAMED DEFENDANTS:
YOU ARE HEREBY SUMMONED and required to submit to the undersigned plaintiff’s
attorneys your answering papers on this Motion for Summary Judgment in Lieu of Complaint within the
time provided in the attached Notice of Motion. In case of your failure to appear or answer, summary
judgment will be taken against you by default for the relief demanded in the Notice of Motion.
Plaintiff designates Wayne County as the place of trial. The basis for venue is the defendants’
residence.
Dated: January 8, 2024
Respectfully submitted,
McMichael Taylor Gray, LLC
By:____ /s/ Andrew Kamensky___
Andrew Kamensky, Esq.
NY Bar No. 4963757
3275 W. Hillsboro Blvd., Suite 312
Deerfield Beach, FL 33442
Telephone: (404) 474-7149
Facsimile: (404) 745-8121
E-mail: akamensky@mtglaw.com
Attorneys for Plaintiff
1
NY2022-00235
1 of 4
FILED: WAYNE COUNTY CLERK 01/08/2024 03:42 PM INDEX NO. CV090506
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/08/2024
To:
Garry L. Kerr
7238 Bear Swamp Road
Williamson, NY 14589
Laura A. Kerr
7238 Bear Swamp Road
Williamson, NY 14589
2
NY2022-00235
2 of 4
FILED: WAYNE COUNTY CLERK 01/08/2024 03:42 PM INDEX NO. CV090506
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/08/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF WAYNE
WILMINGTON SAVINGS FUND SOCIETY, FSB, NOT IN
Index No.
ITS INDIVIDUAL CAPACITY BUT SOLELY AS
CERTIFICATE TRUSTEE OF BOSCO CREDIT II TRUST
SERIES 2010-1,
Plaintiff, NOTICE OF MOTION FOR
SUMMARY JUDGMENT IN
-against- LIEU OF COMPLAINT
GARY L. KERR; LAURA A. KERR
Defendants.
PLEASE TAKE NOTICE, upon the Summons herein dated January 8, 2024, the Affidavit of
Christina Randolph-Bey, sworn to December 14, 2023 and the exhibits annexed thereto, and upon the
accompanying Affirmation in Support of Andrew Kamensky, dated December 29, 2023, plaintiff
Wilmington Savings Fund Society, FSB, Not In Its Individual Capacity But Solely As Certificate Trustee
Of Bosco Credit II Trust Series 2010-1, will move this Court before the assigned Judge to this proceeding
at Wayne County Supreme Court located at 54 Broad Street, Lyons, NY, 14489 on February 12, 2024 at
9:30 a.m. on that day or as soon thereafter as counsel can be heard, for an Order, pursuant to CPLR § 3213,
directing entry of Judgment in favor of Plaintiff and against the Defendants Gary L. Kerr and Laura A.
Kerr, jointly and severally, for the sum of $177,600.93 plus interest, late charges and advances made by the
Plaintiff on behalf of Defendants and any other charges due and owing pursuant to NY CPLR § 5014 and
for such other and further relief as this Court may deem just, proper and equitable.
1
3 of 4
FILED: WAYNE COUNTY CLERK 01/08/2024 03:42 PM INDEX NO. CV090506
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/08/2024
PLEASE TAKE FURTHER NOTICE that pursuant to CPLR § 3213, answering papers, if any,
are required to be served on the undersigned no later ten (10) days prior to the return date of this motion.
Dated: January 8, 2024
Respectfully submitted,
McMichael Taylor Gray, LLC
By:____ /s/ Andrew Kamensky___
Andrew Kamensky, Esq.
NY Bar No. 4963757
3275 W. Hillsboro Blvd., Suite 312
Deerfield Beach, FL 33442
Telephone: (404) 474-7149
Facsimile: (404) 745-8121
E-mail: akamensky@mtglaw.com
Attorneys for Plaintiff
To:
Gary L. Kerr
7238 Bear Swamp Road
Williamson, NY 14589
Laura A. Kerr
7238 Bear Swamp Road
Williamson, NY 14589
2
4 of 4
Preview
FILED: WAYNE COUNTY CLERK 01/08/2024 03:42 PM INDEX NO. CV090506 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/08/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF WAYNE WILMINGTON SAVINGS FUND SOCIETY, FSB, NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS Index No. CERTIFICATE TRUSTEE OF BOSCO CREDIT II TRUST Date Filed: SERIES 2010-1, Plaintiff, SUMMONS -against- GARRY L. KERR; LAURA A. KERR, Defendants. TO THE ABOVE-NAMED DEFENDANTS: YOU ARE HEREBY SUMMONED and required to submit to the undersigned plaintiff’s attorneys your answering papers on this Motion for Summary Judgment in Lieu of Complaint within the time provided in the attached Notice of Motion. In case of your failure to appear or answer, summary judgment will be taken against you by default for the relief demanded in the Notice of Motion. Plaintiff designates Wayne County as the place of trial. The basis for venue is the defendants’ residence. Dated: January 8, 2024 Respectfully submitted, McMichael Taylor Gray, LLC By:____ /s/ Andrew Kamensky___ Andrew Kamensky, Esq. NY Bar No. 4963757 3275 W. Hillsboro Blvd., Suite 312 Deerfield Beach, FL 33442 Telephone: (404) 474-7149 Facsimile: (404) 745-8121 E-mail: akamensky@mtglaw.com Attorneys for Plaintiff 1 NY2022-00235 1 of 4 FILED: WAYNE COUNTY CLERK 01/08/2024 03:42 PM INDEX NO. CV090506 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/08/2024 To: Garry L. Kerr 7238 Bear Swamp Road Williamson, NY 14589 Laura A. Kerr 7238 Bear Swamp Road Williamson, NY 14589 2 NY2022-00235 2 of 4 FILED: WAYNE COUNTY CLERK 01/08/2024 03:42 PM INDEX NO. CV090506 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/08/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF WAYNE WILMINGTON SAVINGS FUND SOCIETY, FSB, NOT IN Index No. ITS INDIVIDUAL CAPACITY BUT SOLELY AS CERTIFICATE TRUSTEE OF BOSCO CREDIT II TRUST SERIES 2010-1, Plaintiff, NOTICE OF MOTION FOR SUMMARY JUDGMENT IN -against- LIEU OF COMPLAINT GARY L. KERR; LAURA A. KERR Defendants. PLEASE TAKE NOTICE, upon the Summons herein dated January 8, 2024, the Affidavit of Christina Randolph-Bey, sworn to December 14, 2023 and the exhibits annexed thereto, and upon the accompanying Affirmation in Support of Andrew Kamensky, dated December 29, 2023, plaintiff Wilmington Savings Fund Society, FSB, Not In Its Individual Capacity But Solely As Certificate Trustee Of Bosco Credit II Trust Series 2010-1, will move this Court before the assigned Judge to this proceeding at Wayne County Supreme Court located at 54 Broad Street, Lyons, NY, 14489 on February 12, 2024 at 9:30 a.m. on that day or as soon thereafter as counsel can be heard, for an Order, pursuant to CPLR § 3213, directing entry of Judgment in favor of Plaintiff and against the Defendants Gary L. Kerr and Laura A. Kerr, jointly and severally, for the sum of $177,600.93 plus interest, late charges and advances made by the Plaintiff on behalf of Defendants and any other charges due and owing pursuant to NY CPLR § 5014 and for such other and further relief as this Court may deem just, proper and equitable. 1 3 of 4 FILED: WAYNE COUNTY CLERK 01/08/2024 03:42 PM INDEX NO. CV090506 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/08/2024 PLEASE TAKE FURTHER NOTICE that pursuant to CPLR § 3213, answering papers, if any, are required to be served on the undersigned no later ten (10) days prior to the return date of this motion. Dated: January 8, 2024 Respectfully submitted, McMichael Taylor Gray, LLC By:____ /s/ Andrew Kamensky___ Andrew Kamensky, Esq. NY Bar No. 4963757 3275 W. Hillsboro Blvd., Suite 312 Deerfield Beach, FL 33442 Telephone: (404) 474-7149 Facsimile: (404) 745-8121 E-mail: akamensky@mtglaw.com Attorneys for Plaintiff To: Gary L. Kerr 7238 Bear Swamp Road Williamson, NY 14589 Laura A. Kerr 7238 Bear Swamp Road Williamson, NY 14589 2 4 of 4