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,

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

Defendants.

Index No. 008081/2010

ATTORNEY’S AFFIRMATION OF EMERGENCY

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. Defendant’s attorneys issued a Notice of Sale. Pursuant to the Notice of Sale, a

Public Sale by auction effecting Plaintiff’s 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 Defendant’s appearance. Defendant has filed the instant motion to vacate the

2

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

5. Therefore, an emergency situation exits requiring the Court’s 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