`NYSCEF DOC. NO. 22
`
`INDEX NO. 2022-3
`
`RECEIVED NYSCEF: 02/02/2022
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF SCHOHARIE
`
`FEDERAL NATIONAL MORTGAGE ASSOCIATION
`(“FANNIE MAE”) A CORPORATION ORGANIZED
`AND EXISTING UNER THE LAWS OF THE UNITED
`STATES OF AMERICA,
`
`
`
`Index No. 2022-3
`
`Plaintiff,
`
`
`
`-against-
`
`
`
`FRED DUFEK, JR.; ROBIN DUFEK; LAURIE DUFEK;
`TROY DUFEK,
`
`Defendant(s).
`
`
`NOTICE OF MOTION
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`PLEASE TAKE NOTICE THAT, upon the affirmation of Robert M. Link, Esq. and the
`
`Affidavits of Sgt. J. McCoy of Schoharie County Sheriff’s Department and Daniel J. Card,
`
`associate broker at A-1 REO Services, LLC, the property manager for FANNIE MAE AKA
`
`FEDERAL NATIONAL MORTGAGE ASSOCIATION; and the prior pleadings and proceedings
`
`in this action; plaintiff will make a motion on February 23, 2022 at an IAS Part in the Supreme
`
`Court of the State of New York, County of Schoharie, 290 Main Street, Schoharie, New York,
`
`12157; the Plaintiff brings the instant motion for an Order: (1) granting summary judgment against
`
`the Defendants, FRED DUFEK, JR.; ROBIN DUFEK; LAURIE DUFEK; TROY DUFEK, (2) for
`
`a permanent injunction restraining and enjoining the Defendants from interfering with Plaintiff’s
`
`Property by preventing access through constructed fences, signage threatening violence, cameras,
`
`and locks to prevent the use of Plaintiff’s Property; (3) During the pendency of this action, a
`
`preliminary injunction to enjoin and restrain Defendants from the acts set forth above; (4) A
`
`declaratory judgment finally determining the rights and obligations of the respective parties with
`
`respect to the Subject Premises and Lot 12; (5) A permanent easement by necessity allowing
`
`ingress and egress from the Subject Premises to Bassler Road through Lot 12; (6) A permanent
`
`1 of 2
`
`
`
`FILED: SCHOHARIE COUNTY CLERK 02/02/2022 12:31 PM
`NYSCEF DOC. NO. 22
`
`INDEX NO. 2022-3
`
`RECEIVED NYSCEF: 02/02/2022
`
`easement by implication allowing ingress and egress from the Subject Premises to Bassler Road
`
`through Lot 12; (7) Alternatively, a temporary easement for the limited purpose of facilitating the
`
`eviction proceedings and to explore the construction of an alternative ingress and egress to the
`
`landlocked Lot 3. (8) Compensatory damages in a sum to be determined at trial; (9) Exemplary
`
`damages in a sum to be determined at trial; (10) Costs of suit including but not limited to reasonable
`
`attorney fees; (11) That plaintiff has such other and further relief as may be just and proper.
`
`Pursuant to CPLR §2214(b), answering affidavits and any notice of cross-motion, with
`
`supporting papers, if any, shall be served seven days in advance of the return date.
`
`Dated: February 2, 2022
`
`
`
`
`
`David A. Gallo & Associates LLP
`Manhasset, NY
`/s/ Robert M. Link
`By: Robert M. Link, Esq.
`47 Hillside Avenue, Second Fl
`Manhasset, New York 11030
`(718)269-7607
`blink@msgrb.com
`
`2 of 2
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
