`NYSCEF DOC. NO. 35
`
`INDEX NO. 2022-3
`
`RECEIVED NYSCEF: 02/10/2022
`
`FEDERAL NATIONAL MORTGAGE ASSOCIATION
`(“FANNIE MAE”) A CORPORATION ORGANIZED
`AND EXISTING UNER THE LAWS OF THE
`UNITED STATES OF AMERICA,
`
`Plaintiff,
`
`
`FRED DUFEK, JR.; ROBIN DUFEK; LAURIE
`DUFEK; TROY DUFEK,
`
`
`Defendant(s).
`
`
`STATEMENT PURSUANT TO
`22 NYCRR §202.8-g(a)(5)
`
`Index No. 2022-3
`
`-against-
`
`
`
`
`
`SUPREME COURT OF THE STATE OF NEW YORK
`SCHOHARIE COUNTY
`
`
`
`
`
`
`
`
`
` Charles Wallshein, an attorney licensed to practice in the State of New York affirms the
`following:
`1. I make this affirmation pursuant to 22 NYCRR §202.8-g(a)(5).
`2. Defendants object to the facts stated in Plaintiff’s Affirmation at paragraph “2”, Plaintiff’s
`motion is made on notice and is not made pursuant to an Order to Show Cause.
`3. Defendants object to the facts stated in Plaintiff’s Affirmation at paragraph “10”, Plaintiff
`claims that an easement appurtenant exists. No such easement exists or has ever existed.
`4. Defendants object to the facts stated in Plaintiff’s Affirmation at paragraph “11”, “13”,
`“27”, Plaintiff claims that the foreclosure created a severance of the unity of title. an
`easement appurtenant exists. No such unity of title ever existed. The unity of title claimed
`has never existed.
`5. Defendants object to the facts stated in Plaintiff’s Affirmation at paragraph “14”, Plaintiff
`claims that there is no ingress or egress from lots “3”, “4”, “30”, “32”. The tax map
`[NYSCEF Doc No.33] clearly indicates that the property is directly adjacent to the public
`road.
`6. As is relevant to the injunction: There is nothing that prevents the Plaintiff from enforcing
`the judgment of foreclosure and its rights under the referee’s deed.
`
`
`Dated: February 9, 2022
`
` Melville, NY
`
`
`
`
`___/S/_________
`Charles Wallshein
`
`1 of 1
`
`