Preview
FILED: RICHMOND COUNTY CLERK 05/16/2018 10:21 AM INDEX NO. 135806/2015
NYSCEF DOC. NO. 61 RECEIVED NYSCEF: 05/16/2018
IIKII5
IN KIRI
BO RIS KIN
L A W O F F IC E S
Sara L Boriskin, Esquire
41ember of New York Bar
James Robertson, Esquire
Niember of Texas Bar
Everett Anschutz, Esquire
Member of Texas Bar
David J. Schneid, Esquire
Member
.'iten>l>er of Florida
Bar
May 16, 2018 RESUBMISSION
Attention: Motion Department
Supreme Court, Richmond County
26 Central Avenue
Staten Island, NY 10301
RE: 135806/2015- SANTANDER N.A. v. SUSAN T.
BANK, BAGLEY,
ADMINISTRATRIX OF THE ESTATE OF DIANNE EPPS A/K/A DIANE EPPS
A/K/A DIANE SHEILA EPPS, et al
Pending Motion: Judgment of Foreclosure and Sale
Dear Sir/Madam:
We represent the Plaintiff in the above referenced foreclosure action. There iscurrently a pending
motion before this Honorable Court. In connection with same, please find the attached Amended
Affirmation in Support of Reasonable Attorney's Fees in the correct format as requested by the court.
Ifyou have any questions, please do not hesitate to contact ne.
Very tru yours,
'
u owski, Esq.
RAS BORISKIN, LLC
900 Merchants Concourse
Suite 106
Westbury, New York 11590
(516) 280-7675
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11111 IIIIIII
111 IIIII
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FILED: RICHMOND COUNTY CLERK 05/16/2018 10:21 AM INDEX NO. 135806/2015
NYSCEF DOC. NO. 61 RECEIVED NYSCEF: 05/16/2018
REJECTION NOTICE
INDEX NUMBER:135806/2015
SANTANDER BANK,
vs.
SUSAN BAGLEY, et al
DATE: March 29 , 2018
THE JUDGMENT OF FORECLOSURE AND SALE AS SUBMITTED IS REJECTED.
MOVANT FAILED TO PROVIDE A DETAILED DESCRIPTION OF LEGAL SERVICES
RENDERED IN COMPLIANCE WITH CITICORP TRUST BANK, FSB v. VIDAURRE 155
(2N°
AD3D 934 (2 DEPT, 2017) (AN AFFIRMATION OF SERVICES RENDERED SHALL
INCLUDE "COUNSELS EXPERIENCE, ABILITY AND REPUTAT1ON AN...[ SET FORTH]
THE PREVAILING HOURLY RATE FOR SIMILAR LEGAL WORK IN THE COMMUNITY).
JDI
Resubmit to the Mot ion
Department
I III I
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FILED: RICHMOND COUNTY CLERK 05/16/2018 10:21 AM INDEX NO. 135806/2015
NYSCEF DOC. NO. 61 RECEIVED NYSCEF: 05/16/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF RICHMOND
--------------------------------------------------------------X Index No.: 135806/2015
SANTANDER BANK, N.A.,
Plaintiff,
-against-
AMENDED AFFIRMATION IN
SUPPORT OF REASONABLE
SUSAN T. BAGLEY, ADMINISTRATRIX OF THE
ATTORNEY'S FEES
ESTATE OF DIANNE EPPS A/K/A DIANE EPPS
A/K/A DIANE SHEILA EPPS; NEW YORK CITY
MORTGAGED PROPERTY:
ENVIROMENTAL CONTROL BOARD; NEW YORK 22 PROSPECT AVENUE
STATE DEPARTMENT OF TAXATION AND STATEN ISLAND, NY 10301
FINANCE; THE PEOPLE OF THE STATE OF NEW
YORK, UNITED STATES OF AMERICA; SUSAN T.
BAGLEY, HEIR AND SOLE DISTRIBUTEE TO THE
COUNTY: RICHMOND
ESTATE OF DIANNE EPPS A/K/A DIANE EPP
A/K/A DIANE SHEILS EPPS, BL#:
Block 80,
#1" #12,"
"JOHN DOE through "JOHN DOE the last
Lot 6
twelve names being fictitious and unknown to plaintiff,
the persons or parties intended being the tenants,
occupants, persons or corporations, if any, having or
claiming an interest in or lien upon the premises,
described in the complaint,
Defendant(s).
------------------------------------------------------X X
I, Julia Krukowski, 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" above-
Plaintiff, SANTANDER BANK, N.A., (hereinafter referred to as "Plaintiff") in the
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) as
attorneys'
reasonable fees.
11111111lllll11I11II11111111111111111111111111
lllll|l|ll11111111111111lll1111111IIIllllll l|111111111111l111111Il1llll11lllll!|
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FILED: RICHMOND COUNTY CLERK 05/16/2018 10:21 AM INDEX NO. 135806/2015
NYSCEF DOC. NO. 61 RECEIVED NYSCEF: 05/16/2018
3. That pursuant to paragraph 22 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 titlecertificate. 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
e) Prepare and review application for Order of Reference. 2.5
f) Receipt and review of indebtedness figures and
preparation of affidavit for computation. 2.0
g) Prepare and review the proposed referee's oath, report,
abstract of documentary evidence, statement of
computation and exhibits for referee. 2.5
h.) Telephone calls, status reports and correspondence with
clients, and titlecompany. 4.0
i.) Prepare and review the application for Judgment,
including proposed affidavit of regularity in support of
foreclosure and sale. 4.0
Total = 23.00
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FILED: RICHMOND COUNTY CLERK 05/16/2018 10:21 AM INDEX NO. 135806/2015
NYSCEF DOC. NO. 61 RECEIVED NYSCEF: 05/16/2018
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, through
up
and including the foreclosure sale, plus costs and disbursements. Affirmant's average hourly rate
for foreclosure matters is $215.00. Thus, if the work, in connection with this action, were billed
hourly, affirmant's corresponding legal fee would be approximately the same 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
and has ()d_ 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: l4-t
Westbury, New York
RAS BORIS , LLC
By: u owski, Esq.
Att 2eys for Plaintiff
0 Merchants Concourse, Suite 106
Westbury, NY 11590
Phone: 516-280-7675
Facsimile: 516-280-7674
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Preview
FILED: RICHMOND COUNTY CLERK 05/16/2018 10:21 AM INDEX NO. 135806/2015 NYSCEF DOC. NO. 61 RECEIVED NYSCEF: 05/16/2018 IIKII5 IN KIRI BO RIS KIN L A W O F F IC E S Sara L Boriskin, Esquire 41ember of New York Bar James Robertson, Esquire Niember of Texas Bar Everett Anschutz, Esquire Member of Texas Bar David J. Schneid, Esquire Member .'iten>l>er of Florida Bar May 16, 2018 RESUBMISSION Attention: Motion Department Supreme Court, Richmond County 26 Central Avenue Staten Island, NY 10301 RE: 135806/2015- SANTANDER N.A. v. SUSAN T. BANK, BAGLEY, ADMINISTRATRIX OF THE ESTATE OF DIANNE EPPS A/K/A DIANE EPPS A/K/A DIANE SHEILA EPPS, et al Pending Motion: Judgment of Foreclosure and Sale Dear Sir/Madam: We represent the Plaintiff in the above referenced foreclosure action. There iscurrently a pending motion before this Honorable Court. In connection with same, please find the attached Amended Affirmation in Support of Reasonable Attorney's Fees in the correct format as requested by the court. Ifyou have any questions, please do not hesitate to contact ne. Very tru yours, ' u owski, Esq. RAS BORISKIN, LLC 900 Merchants Concourse Suite 106 Westbury, New York 11590 (516) 280-7675 II IIIII 111111111111111111111111111111111111111 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 11111 IIIIIII 111 IIIII IIIIIII IIIIIIII 16-186919 - EmP EmP 1 of 5 FILED: RICHMOND COUNTY CLERK 05/16/2018 10:21 AM INDEX NO. 135806/2015 NYSCEF DOC. NO. 61 RECEIVED NYSCEF: 05/16/2018 REJECTION NOTICE INDEX NUMBER:135806/2015 SANTANDER BANK, vs. SUSAN BAGLEY, et al DATE: March 29 , 2018 THE JUDGMENT OF FORECLOSURE AND SALE AS SUBMITTED IS REJECTED. MOVANT FAILED TO PROVIDE A DETAILED DESCRIPTION OF LEGAL SERVICES RENDERED IN COMPLIANCE WITH CITICORP TRUST BANK, FSB v. VIDAURRE 155 (2N° AD3D 934 (2 DEPT, 2017) (AN AFFIRMATION OF SERVICES RENDERED SHALL INCLUDE "COUNSELS EXPERIENCE, ABILITY AND REPUTAT1ON AN...[ SET FORTH] THE PREVAILING HOURLY RATE FOR SIMILAR LEGAL WORK IN THE COMMUNITY). JDI Resubmit to the Mot ion Department I III I 14 6~ 954112630iasca fI 2 of 5 FILED: RICHMOND COUNTY CLERK 05/16/2018 10:21 AM INDEX NO. 135806/2015 NYSCEF DOC. NO. 61 RECEIVED NYSCEF: 05/16/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF RICHMOND --------------------------------------------------------------X Index No.: 135806/2015 SANTANDER BANK, N.A., Plaintiff, -against- AMENDED AFFIRMATION IN SUPPORT OF REASONABLE SUSAN T. BAGLEY, ADMINISTRATRIX OF THE ATTORNEY'S FEES ESTATE OF DIANNE EPPS A/K/A DIANE EPPS A/K/A DIANE SHEILA EPPS; NEW YORK CITY MORTGAGED PROPERTY: ENVIROMENTAL CONTROL BOARD; NEW YORK 22 PROSPECT AVENUE STATE DEPARTMENT OF TAXATION AND STATEN ISLAND, NY 10301 FINANCE; THE PEOPLE OF THE STATE OF NEW YORK, UNITED STATES OF AMERICA; SUSAN T. BAGLEY, HEIR AND SOLE DISTRIBUTEE TO THE COUNTY: RICHMOND ESTATE OF DIANNE EPPS A/K/A DIANE EPP A/K/A DIANE SHEILS EPPS, BL#: Block 80, #1" #12," "JOHN DOE through "JOHN DOE the last Lot 6 twelve names being fictitious and unknown to plaintiff, the persons or parties intended being the tenants, occupants, persons or corporations, if any, having or claiming an interest in or lien upon the premises, described in the complaint, Defendant(s). ------------------------------------------------------X X I, Julia Krukowski, 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" above- Plaintiff, SANTANDER BANK, N.A., (hereinafter referred to as "Plaintiff") in the 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) as attorneys' reasonable fees. 11111111lllll11I11II11111111111111111111111111 lllll|l|ll11111111111111lll1111111IIIllllll l|111111111111l111111Il1llll11lllll!| 14-61954 -FmP 3 of 5 FILED: RICHMOND COUNTY CLERK 05/16/2018 10:21 AM INDEX NO. 135806/2015 NYSCEF DOC. NO. 61 RECEIVED NYSCEF: 05/16/2018 3. That pursuant to paragraph 22 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 titlecertificate. 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 e) Prepare and review application for Order of Reference. 2.5 f) Receipt and review of indebtedness figures and preparation of affidavit for computation. 2.0 g) Prepare and review the proposed referee's oath, report, abstract of documentary evidence, statement of computation and exhibits for referee. 2.5 h.) Telephone calls, status reports and correspondence with clients, and titlecompany. 4.0 i.) Prepare and review the application for Judgment, including proposed affidavit of regularity in support of foreclosure and sale. 4.0 Total = 23.00 14-61954 —EmP 4 of 5 FILED: RICHMOND COUNTY CLERK 05/16/2018 10:21 AM INDEX NO. 135806/2015 NYSCEF DOC. NO. 61 RECEIVED NYSCEF: 05/16/2018 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, through up and including the foreclosure sale, plus costs and disbursements. Affirmant's average hourly rate for foreclosure matters is $215.00. Thus, if the work, in connection with this action, were billed hourly, affirmant's corresponding legal fee would be approximately the same 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 and has ()d_ 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: l4-t Westbury, New York RAS BORIS , LLC By: u owski, Esq. Att 2eys for Plaintiff 0 Merchants Concourse, Suite 106 Westbury, NY 11590 Phone: 516-280-7675 Facsimile: 516-280-7674 14-61954 - EmP 5 of 5