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FILED: SULLIVAN COUNTY CLERK 09/27/2021 01:16 PM INDEX NO. E2017-927
NYSCEF DOC. NO. 50 RECEIVED NYSCEF: 09/27/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SULLIVAN
THE BANK OF NEW YORK MELLON, F/K/A THE Index No. E2017-927
BANK OF NEW YORK AS SUCCESSOR TO
JPMORGAN CHASE BANK, N.A. AS TRUSTEE FOR
ASSET BACKED FUNDING CORPORATION, Property Address:
ASSET-BACKED CERTIFICATES, SERIES 2005-
HE1, 112 Blackberry Lake,
Callicoon, New York 12748
Plaintiff,
NOTICE OF MOTION FOR
-against- SUMMARY JUDGMENT
AND ORDER OF
MONIQUE DEFOUR JONES, JUSERENE, LLC, REFERENCE
Defendants.
PLEASE TAKE NOTICE that, upon this Notice of Motion of plaintiff The Bank Of New
York Mellon, F/K/A The Bank Of New York As Successor To JPMorgan Chase Bank, N.A. As
Trustee For Asset Backed Funding Corporation, Asset-Backed Certificates, Series 2005-HE1
(“Plaintiff”) dated September 27, 2021; the annexed Affirmation of Ryan Sirianni dated September
27, 2021, and the exhibits annexed thereto; the Affidavit of Benjamin Verdooren, sworn to
September 3, 2021, and upon all the prior proceedings and pleadings in this action, Plaintiff will
move this Court before the Honorable Julian D. Schreibman at the Courthouse located at 414
Broadway, Monticello, New York 12701, on October 22, 2021 at 9:30 a.m. or as soon thereafter
as counsel can be heard for an order: (1) granting Plaintiff’s motion for summary judgment in its
entirety; (2) dismissing the Answer of defendants Monique DeFour Jones and Juserene, LLC
(“Defendants”) dated July 5, 2017, including all affirmative defenses and the counterclaims
therein, with prejudice; (3) granting an Order of Reference in favor of Plaintiff; (4) ordering the
appointment of a Referee to determine the amount due to Plaintiff, and to determine whether the
premises being foreclosed can be sold in parcels; and (5) granting such other and further relief as
this Court deems just and proper.
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FILED: SULLIVAN COUNTY CLERK 09/27/2021 01:16 PM INDEX NO. E2017-927
NYSCEF DOC. NO. 50 RECEIVED NYSCEF: 09/27/2021
PLEASE TAKE FURTHER NOTICE that, pursuant to C.P.L.R. 2214(b), answering
affidavits and any notice of cross-motion, if any, are required to be served upon the undersigned
at least seven (7) days before the return date of this motion.
Dated: September 27, 2021
New York, New York Respectfully Submitted,
GREENBERG TRAURIG, LLP
By:
/s/ Ryan Sirianni
Ryan Sirianni
200 Park Avenue
New York, New York 10166
Tel: (212) 801-9200
siriannir@gtlaw.com
Counsel for Plaintiff The Bank Of New
York Mellon, F/K/A The Bank Of New York
As Successor To JPMorgan Chase Bank,
N.A. As Trustee For Asset Backed Funding
Corporation, Asset-Backed Certificates,
Series 2005-HE1
TO:
Ronald D. Weiss, PC
Ronald D. Weiss, Esq.
734 Walt Whitman Road, Suite 203
Melville, NY 11747
Counsel for Defendants
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FILED: SULLIVAN COUNTY CLERK 09/27/2021 01:16 PM INDEX NO. E2017-927 NYSCEF DOC. NO. 50 RECEIVED NYSCEF: 09/27/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SULLIVAN THE BANK OF NEW YORK MELLON, F/K/A THE Index No. E2017-927 BANK OF NEW YORK AS SUCCESSOR TO JPMORGAN CHASE BANK, N.A. AS TRUSTEE FOR ASSET BACKED FUNDING CORPORATION, Property Address: ASSET-BACKED CERTIFICATES, SERIES 2005- HE1, 112 Blackberry Lake, Callicoon, New York 12748 Plaintiff, NOTICE OF MOTION FOR -against- SUMMARY JUDGMENT AND ORDER OF MONIQUE DEFOUR JONES, JUSERENE, LLC, REFERENCE Defendants. PLEASE TAKE NOTICE that, upon this Notice of Motion of plaintiff The Bank Of New York Mellon, F/K/A The Bank Of New York As Successor To JPMorgan Chase Bank, N.A. As Trustee For Asset Backed Funding Corporation, Asset-Backed Certificates, Series 2005-HE1 (“Plaintiff”) dated September 27, 2021; the annexed Affirmation of Ryan Sirianni dated September 27, 2021, and the exhibits annexed thereto; the Affidavit of Benjamin Verdooren, sworn to September 3, 2021, and upon all the prior proceedings and pleadings in this action, Plaintiff will move this Court before the Honorable Julian D. Schreibman at the Courthouse located at 414 Broadway, Monticello, New York 12701, on October 22, 2021 at 9:30 a.m. or as soon thereafter as counsel can be heard for an order: (1) granting Plaintiff’s motion for summary judgment in its entirety; (2) dismissing the Answer of defendants Monique DeFour Jones and Juserene, LLC (“Defendants”) dated July 5, 2017, including all affirmative defenses and the counterclaims therein, with prejudice; (3) granting an Order of Reference in favor of Plaintiff; (4) ordering the appointment of a Referee to determine the amount due to Plaintiff, and to determine whether the premises being foreclosed can be sold in parcels; and (5) granting such other and further relief as this Court deems just and proper. 1 1 of 2 FILED: SULLIVAN COUNTY CLERK 09/27/2021 01:16 PM INDEX NO. E2017-927 NYSCEF DOC. NO. 50 RECEIVED NYSCEF: 09/27/2021 PLEASE TAKE FURTHER NOTICE that, pursuant to C.P.L.R. 2214(b), answering affidavits and any notice of cross-motion, if any, are required to be served upon the undersigned at least seven (7) days before the return date of this motion. Dated: September 27, 2021 New York, New York Respectfully Submitted, GREENBERG TRAURIG, LLP By: /s/ Ryan Sirianni Ryan Sirianni 200 Park Avenue New York, New York 10166 Tel: (212) 801-9200 siriannir@gtlaw.com Counsel for Plaintiff The Bank Of New York Mellon, F/K/A The Bank Of New York As Successor To JPMorgan Chase Bank, N.A. As Trustee For Asset Backed Funding Corporation, Asset-Backed Certificates, Series 2005-HE1 TO: Ronald D. Weiss, PC Ronald D. Weiss, Esq. 734 Walt Whitman Road, Suite 203 Melville, NY 11747 Counsel for Defendants 2 2 of 2