Let me know when we can get the accounting and other documents we discussed so I can evaluate the claimed arrears.

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I think the confusion is that the tenant was paying rent directly to the Lombardy, the amounts of which were often well in excess of the maintenance.

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I understand the hotel’s posi[on is that Mr. Kosow was not part of the rental pool, but even assuming, for the sake of argument, that Mr. Fischer had put him in the unit outside of the rental program, the hotel would s[ll have had to approve that short-term tenancy under the proprietary lease agreement, correct?

The record shows that even before Kosow occupied the apartment, your Client was regularly late with maintenance payments.

Also, can you please ask management to have available for review my client’s en[re file, including the fully executed rental agreement, proprietary lease, and stock cer[ficate?

Even the form rental pool agreement you sent me is not signed and as you acknowledge may not accurately set forth the alloca[on applicable to this unit.

If the CFO can do a simple calcula[on, he will do so, but if the approximately 90 pages of records we have already furnished do not sa[sfy you, there is no subs[tute for an on-site review.

that upon the annexed affirmation of Jose Saladin, dated November 7, 2019, the annexed exhibits and all the pleadings and proceedings heretofore had herein, the Defendant, East 56th Street, Inc. ("111 East"), will move this on the 29th 9:30 a.m. on that or as Court, day of November 2019, at day soon thereafter as counsel can be heard, at the Supreme Court of the State of New York, in the motion part thereof, Room 130, at the courthouse located at 60 Centre Street, New York, New York, County of New York, for an Order: to CPLR Pursuant 2nd of action CauSe damages that money limitations governing 3211 (a)(5), the extent to arose prior contract dismissing of barring six-year to the claims.

breached East purportedly to CPLR pursuant alternative and claim for Pursuant to CPLR the Plaintiffs 3211(a)(1) 5t breach-of-fiduciary 3211(a)(5), any period(s) barring that to prior the which claims of a fiduciary three-year seek money duty.

of statute damages limitations governing for an alleged breach and of (a)(1) 6"' cause predicated

Pursuant dismissing Plaintiff's allegation Agreement, fraud claim.

that, pursuant to CPLR 2214(b), answering papers, if any, must be served at least seven days before the return date of this motion.

David G. Skillman, an attorney duly admitted to practice before the Courts of the State of New York, hereby affirms the following under penalty of perjury:

At that argument, counsel for the Hotel made an oral application for payment of use and occupancy pendente lite in the amount of $5,532.22 per month for the duration of this action.

1998) (the “deposit requirement and the expedited schedule for adjudication” found in RPAPL § 745(2) do not violate due process); see also E. 4th St. Garage, Inc. v. Estate of Berkowitz, 265 A.D.2d 249, 249 (1st Dep’t 1999) (a “speedy trial” generally ensures any errors in the assessment of use and occupancy are minimal).

In other words, a tenant wrongfully paying use-and-occupancy could be assured that this error would be addressed in just a few months, and any overpayment would be credited back upon the speedy disposition of the proceeding.

However, here, where the Hotel’s nonpayment proceeding has been consolidated with this plenary action, there is no similar outer temporal limit that would ensure that Plaintiff is not over-paying for use and occupancy for years, while the Hotel delays.

PLEASE TAKE NOTICE that Plaintiff Lombardy 711 Inc., hereby appeals to the Appellate Division, First Department, from the Order of the New York Supreme Court, New York County, dated September 11, 2019 and entered in the office of the Clerk of said Court on September 11, 2019, a true copy of which is annexed hereto, which granted 111 East 56th Street’s application to direct Plaintiff to pay use and occupancy of $5,532.22 per month pendente lite to Defendant.

[I Administrative Review CI Declaratory Judgment El Business Relationships El Domestic Relations [I Family Court Cl Real Property other than foreclosure

Supreme Court 09/11/2019 County: New York Judge (name in full): Melissa A. Crane Index No.:654046/2019 El Yes E No Trial: Stage: E lnterlocutory El Final El Post-Final Prior Unperfected Appeal and Related Case Information Iers: El Jury El Non—Jury Are any appeals arising in the same action or proceeding currently pending in the court?

Original Proceeding [I Order to Show Cause E Notice of Petition III Writ of Habeas Corpus Date Filed: Commenced by: Statute authorizing commencement of proceeding in the Appellate Division: Proceeding Transferred Pursuant to CPLR 7804(g) Judge (name in full): Choose Court Choose Countv County: Order of Transfer Date: CPLR 5704 Review of Ex Parte Order: Judge (name in full): Choose Court County: Dated: Choose Countv Description of Appeal, Proceeding or Application and Statement of Issues If the appeal is from an order, specify the relief If an appeal, briefly describe the paper appealed from.

notice of petition or orderto show cause by which a special proceeding is to be commenced in the Appellate Division, only the name ofthe attorney for the petitioner need be provided.

Imagine if you had any other investment manager who was accused of misappropriating funds come to this Court and make the same arguments.

this says, yeah, in fact the hotel who was supposed to be managing this asset took in far more in maintenance fees than it needed.

requirement under the rental pool agreement, and furthermore it misappropriated the surplus and it owes money to the investor here.

And the Housing Court has told us specifically don't have jurisdiction here to give you what you're asking, to afford you the full relief you're seeking.

proprietary lease which says, "shareholder, here the plaintiff, you have to pay East 56th Street monthly maintenance without any set offs for any claims that you may have."

County, New Jersey.

is not a party to the action, is over 18 years of age and resides in Scrgcñ for Default JGdgi,-12, Affirmation I served the within Notice of Motion That on June 23, 2021, of Bryan Antoncic, dated June 16, 2021, and the exhibits of Serena A. Skala, dated June 22, 2021, Affidavit addresses: aiiouhed thereto at the following Europa Electric of NY Corp. 22-11 College Point Blvd.

College Point, New York 11356 Europa Electric of NY Corp. 76-22 56* Avenue East Elmhurst, New York 11378 in a postpaid properly addressed by iñâiliñg via First Class Mail a true copy of the aforesaid document envelope, which I deposited in an official depository under the exclusive care and custody of the United States Postal Service.

Sw to before me on the ay of June 2021 .

otary Pub ic

§ 4.1.4 The Subcontractor shall furnish to the Contractor periodic progress reports on the Work of this Subcontract as mutually agreed, including information on the status of materials and equipment that may be in the course of preparation, manufacture, or transit.

Failure to so proceed shall constitute a material breach of the Subcontract, regardless of the ultimate decision on the dispute, it being understood and agreed that any controversy between the parties shall not be deemed a basis to delay or suspend the work, unless directed otherwise by the Contractor.

The Subcontractor represents that, based upon the foregoing, it shall make no claims, and waives all rights against Contractor for payment above the Subcontract Sum due to any foreseeable conditions and events that may occur over the course of the Work.

Page 10 of 21 DocuSign Envelope ID: 84A0F5E4-8EB0-4A69-9107-942283455571 Subcontractor, at its sole cost and expense, shall within three (3) days after written notice from the Owner and/or Contractor, cause such lien to be canceled and discharged of record by payment, bond or otherwise.

Contractor, Owner and the other Additional Insureds shall be given sixty (60) days prior written notice of material change, cancellation or non- renewal of coverage indicated therein by Certified Mail.

PLEASE TAKE NOTICE that upon the annexed Affirmation of Serena A. Skala, dated June 22, 2021, Affidavit of Bryan Antoncic, dated June 16, 2021, the exhibits attached thereto, and upon all the pleadings and proceedings had herein, Plaintiff UA Builders Corp. by and through their attorneys, Tuttle Yick LLP, will move this Supreme Court in the City and State of New York, located at 60 Centre Street, Room 130, on July 20, 2021, at 9:30 A.M., or as soon thereafter as counsel can be heard, for a default judgment, pursuant to CPLR § 3215, in favor of Plaintiff and against Defendant Europa Electric of NY Corp. for failure to answer or appear in the instant action, and for such other and further relief as may be just, proper, and equitable.

Dated: New York, New York June 22, 2021

College Point, New York 11356 Europa Electric of NY Corp. 76-22 56th Avenue East Elmhurst, New York 11378