SUPREME COURT OF THE STATE OF NEW YORK

COUNTY OF KINGS
WELLS FARGO BANK, N.A. AS SUCCESSOR BY MERGER
TO WELLS FARGO BANK SOUTHWEST, N.A. F/K/A
WACHOVIA MORTGAGE, FSB, F/K/A WORLD SAVINGS
BANK, FSB
Plaintiff,

Index No. 008081/2010

ATTORNEYS AFFIRMATION
OF EMERGENCY

against
JOSEPH PLOTZKER, YUSSI PLOTZKER, SHIRLEY PLOTZKER,
PAMELA PLOTZKER, TOBA LEHMAN, EDWARD LEHMAN,
ARTHUR LEHMAN, LYUDIMILIA CHURKINA, IRINA RAINS, LEAH
PLOTZKER

Defendants.
STATE OF NEW YORK

COUNTY OF KINGS

) ss.:

I, Moshe Mortner, an attorney admitted to the practice of law before the courts of the
State of New York, and not a party to the above-entitled cause, affirm the following to be true
under the penalties of perjury, pursuant to CPLR 2106:
1.

I am the Attorney for Defendant Joseph Plotzker (the Defendant). I am familiar

with the facts and circumstances in this matter.

2.

I make this affirmation of emergency for the reasons stated below.

3.

Defendants attorneys issued a Notice of Sale. Pursuant to the Notice of Sale, a

Public Sale by auction effecting Plaintiffs property is scheduled to proceed on September 17,
2015. A copy of the notice of the public sale sent to defendant is annexed hereto.
4.

The Notice of Sale is pursuant to a Judgment of Foreclosure granted upon

default of Defendants appearance. Defendant has filed the instant motion to vacate the

Judgment of Foreclosure, and to dismiss the action upon CPLR 3215(c).

5.

Therefore, an emergency situation exits requiring the Courts immediate

intervention and protection.

WHEREFORE, defendant Joseph Plotzker respectfully requests a temporary restraining
order, restraining the plaintiff from proceeding with a foreclosure sale of the property during
the pendency of this motion.
Dated:

New York, New York

August 13, 2015

____________________________________
Moshe Mortner