On April 11, 2024 a
Party Statement
was filed
involving a dispute between
M&T Bank,
and
Angela M. Kenney
A K A Angela Kenney A K A Angela Morse Kenney,
John Doe #1 Through #6, And Jane Doe #1 Through #6, The Last Twelve Names Being Fictitious, It Being The Intention Of Plaintiff To Designate Any And All Occupants, Tenants, Persons Or Corporations, If Any, Having Or Claiming An Interest In Or Lien Upon
The Premises Being Foreclosed Herein,
Robert J. Kenney Jr.
A K A Robert Kenney A K A Robert J. Kenney,
United States Of America
O B O Internal Revenue Service,
for Real Property - Mortgage Foreclosure - Residential
in the District Court of Westchester County.
Preview
FILED: WESTCHESTER COUNTY CLERK 04/11/2024 03:06 PM INDEX NO. 60260/2024
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 04/11/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF WESTCHESTER
M&T Bank, CERTIFICATE OF MERIT PURSUANT TO
CPLR 3012-B
Plaintiff,
INDEX NO.:
vs.
MORTGAGED PREMISES:
Robert J. Kenney, Jr. a/k/a Robert Kenney a/k/a
Robert J. Kenney; Angela M. Kenney a/k/a
11 Club Way
Angela Kenney a/k/a Angela Morse Kenney; Hartsdale, NY 10530
United States of America o/b/o Internal Revenue
Service; John Doe #1 through #6, and Jane Doe
Section: 8.360 Block: 258 Lot: 10SE & 10SG
#1 through #6, the last twelve names being
fictitious, it being the intention of Plaintiff to f/k/a
designate any and all occupants, tenants, persons
or corporations, if any, having or claiming an Section 36A Block 1731 Lots 21.1 & 21.2
interest in or lien upon the premises being
foreclosed herein,
Defendants.
I, Joshua Edwards, Esq., hereby certify as follows:
1. I am an attorney at law duly licensed to practice in the State of New York and am affiliated with
the law firm of McCalla Raymer Leibert Pierce, LLC, the attorneys of record for Plaintiff in the
above-captioned mortgage foreclosure action. As such, I am fully aware of the underlying
action, as well as the proceedings had herein.
2. I have reviewed the facts of this case and communicated with __________________________,
Rachel M. Nowicki
a representative of Plaintiff's servicer concerning the subject of this action.
3. Based upon my communication with Plaintiff's servicer and my review of the pertinent
documents, including the mortgage, security agreement and note or bond underlying the
mortgage executed by the defendants and all instruments of assignment, if any, and any other
instrument of indebtedness including any modification, extension, and/or consolidation, and to
the best of my knowledge, information and belief, there is a reasonable basis for the
commencement of this action and that Plaintiff is currently the creditor entitled to enforce rights
under such documents.
[THIS SPACE IS INTENTIONALLY LEFT BLANK]
23-15119NY
1 of 2
FILED: WESTCHESTER COUNTY CLERK 04/11/2024 03:06 PM INDEX NO. 60260/2024
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 04/11/2024
4. I further certify that to the best of my knowledge, information and belief, formed after
reasonable inquiry regarding the present action, the presentation of the pleadings or the
contentions contained herein are not frivolous as defined in 22 NYCRR 130-1.1(c).
It is hereby certified on April 10, 2024 By: Joshua Edwards
Joshua Edwards, Esq.
McCalla Raymer Leibert Pierce, LLC
420 Lexington Avenue, Suite 840
New York, New York 10170
Phone: (347) 286-7409
Fax: 347-286-7414
Attorneys for Plaintiff
M&T Bank
File No. 23-15119NY
23-15119NY
2 of 2
Document Filed Date
April 11, 2024
Case Filing Date
April 11, 2024
Category
Real Property - Mortgage Foreclosure - Residential
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FILED: WESTCHESTER COUNTY CLERK 04/11/2024 03:06 PM INDEX NO. 60260/2024 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 04/11/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF WESTCHESTER M&T Bank, CERTIFICATE OF MERIT PURSUANT TO CPLR 3012-B Plaintiff, INDEX NO.: vs. MORTGAGED PREMISES: Robert J. Kenney, Jr. a/k/a Robert Kenney a/k/a Robert J. Kenney; Angela M. Kenney a/k/a 11 Club Way Angela Kenney a/k/a Angela Morse Kenney; Hartsdale, NY 10530 United States of America o/b/o Internal Revenue Service; John Doe #1 through #6, and Jane Doe Section: 8.360 Block: 258 Lot: 10SE & 10SG #1 through #6, the last twelve names being fictitious, it being the intention of Plaintiff to f/k/a designate any and all occupants, tenants, persons or corporations, if any, having or claiming an Section 36A Block 1731 Lots 21.1 & 21.2 interest in or lien upon the premises being foreclosed herein, Defendants. I, Joshua Edwards, Esq., hereby certify as follows: 1. I am an attorney at law duly licensed to practice in the State of New York and am affiliated with the law firm of McCalla Raymer Leibert Pierce, LLC, the attorneys of record for Plaintiff in the above-captioned mortgage foreclosure action. As such, I am fully aware of the underlying action, as well as the proceedings had herein. 2. I have reviewed the facts of this case and communicated with __________________________, Rachel M. Nowicki a representative of Plaintiff's servicer concerning the subject of this action. 3. Based upon my communication with Plaintiff's servicer and my review of the pertinent documents, including the mortgage, security agreement and note or bond underlying the mortgage executed by the defendants and all instruments of assignment, if any, and any other instrument of indebtedness including any modification, extension, and/or consolidation, and to the best of my knowledge, information and belief, there is a reasonable basis for the commencement of this action and that Plaintiff is currently the creditor entitled to enforce rights under such documents. [THIS SPACE IS INTENTIONALLY LEFT BLANK] 23-15119NY 1 of 2 FILED: WESTCHESTER COUNTY CLERK 04/11/2024 03:06 PM INDEX NO. 60260/2024 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 04/11/2024 4. I further certify that to the best of my knowledge, information and belief, formed after reasonable inquiry regarding the present action, the presentation of the pleadings or the contentions contained herein are not frivolous as defined in 22 NYCRR 130-1.1(c). It is hereby certified on April 10, 2024 By: Joshua Edwards Joshua Edwards, Esq. McCalla Raymer Leibert Pierce, LLC 420 Lexington Avenue, Suite 840 New York, New York 10170 Phone: (347) 286-7409 Fax: 347-286-7414 Attorneys for Plaintiff M&T Bank File No. 23-15119NY 23-15119NY 2 of 2