Notice of Motion/ Order to Show Cause — Affidavits —— Exhibits Answering Affidavits — Exhibits Replying Affidavits Cross-Motion: C Yes E/No Upon the foregoing papers, it is ordered that this motion / ijagi (@1454 ,J .

-------------------------------------------------------------x In the Matter of the Application of 533 W 144 LLC for an Order Pursuant to Real Property Actions and Proceedings Law §1931 to Discharge a Mortgage of Record, Index No. 109613/2010 -against- Petitioner,

Petitioner having moved the Court for an Order canceling and discharging two separate mortgages held by the Respondents and recorded against the property addressed and known as and by 533 West 144th Street, New York, New York [“Tax Designation Section 7, Block 1295, Lot 19] in the office of the Register of the County of New York; NOW, upon reading and filing the Order of Show Cause dated August 18, 2010, the Petition .1.“ 't of Arthur Shapolsky dated of 533 W. 144 LLC verified on the 12" day of July 2010, the

July 13, 2010, the Affirmation of David Vanderpool, Esq., dated August 13, 2010 together with the exhibits annexed thereto, and proof thereof in support of the motion to discharge two mortgages of record; and there being no opposition to the motion; and the Court having issued a Decision on w

October 26, 2010 which granted the .motion to discharge the two mortgages of record, on default; it is hereby, ORDERED, that the motion to discharge two mortgages of recordis granted on default; and it is further ORDERED, that the Register of the County of New York is directed to mark (a) the mortgage dated August 5, 1986 in the principal amount of $65,000.00 between Lewis B. Kaye and Peter Siegel, as Mortgagor and Clatod Realty Corp., as Mortgagee, which mortgage was recorded on the office ofthe Register ofthe County ofNew York on August 8, 1986 in Reel 1 101 , page 924 and (b) the mortgage dated September 17, 1986 in the principal amount of $45,000.00 between Lewis B. Kaye and Peter Siegel, as Mortgagor and Clinton Capital Corporation, as Mortgagee, which I mortgage was recorded in the office of the Register of the County of New York on September 23, 1986, in Reel 1120', Page 523, as being cancelled and discharged of record as against the property located at 533 West 144th Street, New York, New York [Tax Designation, Section 7, Block 1295, Lot 19] upon the production and delivery to the Register of New York County of a certified copy of this Order.

FILED: NEW YORK COUNTY CLERK 10m2010 R«.C«.IV«.D \iYSCEF: 10/27/2010

The following papers, numbered 1 to were read on this motion to/for

Notice of Motionl Order to Show Cause — Affidavits — Exhibits

Cross-Motion: Cl Yes i No The return date of the motion, by Phillips Nizer LLC, to be relieved as counsel to Defendant, the Estate of William J. Holt is hereby adjourned to December 6, 2010, at 9:30 am. All other dates set forth in the Order to Show Cause signed on October 22, 2010 remain in effect.

I am fully familiar with the facts set forth herein and submit this Affidavit in support of the motion of Phillips Nizer to be relieved as counsel for the Estate.

Attached hereto, collectively, as Exhibit A are letters and e-mails (with privileged material redacted) sent in August, September and October, 2010, urging Mrs. Sherman to contact this firm concerning direction of the defense.

I have also sent several e-mails to Mrs. Sherman, and have left numerous voicemail messages for her at her home, on her cell phone, and at her office, urging her to contact me immediately, all to no avail.

Mrs. Sherman has also failed and refused to pay for Phillips Nizer’s services since December, 2009, despite regular billing and letters requesting payment.

As matters now stand, we intend to inform the Court of Phillips Nizer’s intent to move to be relieved as counsel for the Estate, assuming we have not madesuch a motion in advance of the conference.

FILED: NEW YORK COUNTY CLERK 07m2010 RaCaIVaD VYSCEF: 07/09/2010 ' ”Mir-4.13%- '

Date of Purchase:

that the relief sought is actual, compensatory, and punitive damages.

The pu rposeof the conference wasprincipally to discuss Westwood’s December21, 2009 letter seeking to establish good cause to move for summary judgmentafter the expiration of the 30-day deadline following the filing ofthe Note of Issue, and the January 7, 2010 opposition letter from plaintiff.

UnderBrill v. City ofNew York, 2 N.Y.3d 648 (2004), | am constrainedto deny an untimely motionfor summaryjudgment, unless good causeexists for the delay.

Although the most recent extension to the Note of Issue deadline did not reiterate the 30-day deadlineforfiling summary judgment motions,| consider that counsel for Westwood had morethan adequate notice of my consistentpractice in this Part.

(For comparison: his co-defendant, defendant Estate of William J. Holt, managedtofile its summary judgment motion within 30 daysof thefiling of the Note of Issue.)

2003), | must observe that the filing of a summary judgment motion more than 30 days after the Note of Issue wasfiled would appearto be untimely.

DAVID S. FRYDMAN, an attorney duly admitted to practice before the Courts of the State of New York, under the penalties of perjury, affirms, as follows: 1.

I am a member of Frydman LLC, co-counsel for plaintiff Clever Ideas, Inc. (“CII”), and submit this affidavit in support of plaintiff’s motion, (1) pursuant to CPLR 3120 and Uniform Rule § 202.21(d), 22 NYCRR § 202.21(d), directing Westwood to provide access to the subject Firebird Russian Restaurant and related storage areas in the buildings located at 365-67 West 46th Street, New York, New York for inspection and photographing of the chattels, personal property, fixtures, equipment, etc. located

As the Court is well aware, a major issue in this action is the identity and location of plaintiff’s collateral consisting of the contents and other assets of the Restaurant.

As set forth in the accompanying memorandum, the Court should grant this motion, pursuant to Uniform Rule § 202.21(d), because of unusual circumstances requiring additional pretrial proceedings to contemporaneously identify and locate collateral.

If Westwood would prefer, plaintiff would try to schedule the inspection for a day or time that the Restaurant is closed or not expected to be busy.

for Plaintiff 321 North Clark Street, Ste.

Notice of Motion/ Order to Show Cause — Affidavits — Exhibits ... Answering Affidavits — Exhibits Replying Affidavits Cross-Motion: —| Yes “_No Tam in receiptofthe letter from Plaintiff's counsel, dated October 23, 2009, and the letter from counsel to Defendant, Westwood 46 Realty LLC, dated October 27, 2009.

In light ofthe history ofthis action, Plaintiff's request to extend the deadline for filing the Note of Issue is denied.

SEARCH INTERNATIONAL, iNC., ADVANCE RESTAURANT FINANCE, LLC, as successorin.

interest to VENTURE BANK, NEW YORK STATE —

PLEASE TAKE NOTICEthat an Order, dated August 31, 2009 and of which the within is a true copy, was entered in the office of the clerk of this Court on September 1, 2009.

Brian Shaw, Esq. Shaw Gussis Fishman Glantz Wolfson & Towbin LLC Co-Counsel for Plaintiff 321 North Clark Street, Ste.

The following papers, numbered 1 to were read on this motion to/for Answering Affidavits — Exhibits

Replying Affidavits Uponreceipt ofthe letter from counsel to Plaintiff, dated August 24, 2009, and from counsel to defendant Westwood 46 Realty LLC, dated August 26, 2009, it is ORDERED that the time for Plaintiff to file the Note of Issue is extended from August 25, 2009 to October 25, 2009.

Attorney(s)for Co-Counsel for Plaintiff 18 East 48" Street - 10 Floor

were read on this motion to/for

Notice of Motion/ Order to Show Cause — Affidavits — Exhibits ... Answering Affidavits — Exhibits

Cross-Motion: | Yes [] No Iam in receiptofthe letter from Plaintiff's counsel, dated October 23, 2009, and the letter from counsel to Defendant, Westwood 46 Realty LLC, dated October 27, 2009.

In light ofthe history ofthis action, Plaintiff's request to extend the deadline for filing the Note of Issue is denied.

However, becausetheseletters reached me after the October 25, 2009 deadline had already passed, the deadline is hereby extended to Monday, November9, 2009.

d/b/a RUSSIAN FIREBIRD RESTAURANT et al New York County Supreme Court Confirmation 11/23/2011 This is an AUTOMATED response for Supreme Court / Court of Claims cases.

Please print this as a confirmation of your filing(s).

Proposed Order and Judgment Transmittal Letter to Justice Fried for Courtesy Copy of Notice of Settlement

Filing User Information Filing User

that the within is a true copy of an Order in the above- captioned action filed in the Office of the Clerk of the Supreme Court, New York County on January 31, 2011.

MARGARET FLOYD, being duly sworn, deposes and says: I am not a party to this proceeding, am over eighteen years of age, and reside in the State of New York, County of Richmond.

notifying her of the contents of the January 31, 2011 Amended Order of Justice Bernard Fried on the party specified below, by mailing a true and complete copy of same in a postage pre-paid envelope via Certified Mail, Return Receipt Requested to the last known address for the addressee as indicated below and sending the party listed below a copy of said documents by PDF at her email address: 1 127970.!

MS. Helen Holt Sherman 368 Bedens Brook Lane’ Skillman, New Jersey 08558 Mo ML Niagara Floyd “(0 0\ Sworn to before me this Elst day ofJanuary, 2011.

MARGARET FLOYD, being duly sworn, deposes and says: I am not a party to this proceeding, am over eighteen years of age, and reside in the State ofNew York, Coanty oIRichmond, On the 31st day of January, 2011, I served a true copy of the NOTICE OF ENTRY on the parties specified below, by maiiing a true and compiete copy of same in a postage pre-paid envelope via reguIar mail to the Iast known address for the addressees as indicated below:

She asserts that none of the preperty in the Restaurant at this time is the Collateral that CII has cIaim to under its agreements with Firebird.

PLEASE TAKE NOTICE, pursuant to CPLR 3215(g)(3), that service of the Supptemental Summons and Amended Complaint has been made upon defendant J. William Holt by service of the executor or administrator of his estate pursuant to CPLR 313.

William Holt cfo Henderson Sotheby’s international Realty 34 Chambers Street Princeton, New Jersey 08540

wit—t GO?“ Ti-‘E To the above-named defendants: YOU ARE HEREBY SUMMON-ED to answer the complaint in this action and to serve a copy .of your answer, or, if the complaint is not served with this summons, to serve - a notice of appearance, on the plaintiffs attorneys within 20 days after service of this summons, exclusive of the day of service (or within 30 days after the service is complete if this summons is not personally delivered to you within the state of New York); and in case of your failure to answer, judgment will be taken against you by default forthe relief demanded in the complaint.

i am not a party to this action, am over 18 years of age, and reside in New York State.

On September 20, 2007, I served a true copy of the enclosed Notice And Additional Service Of Summons Pursuant To CPLR 3215(g)(3) and a copy of the Summons by first-class mail in an envelope bearing the legend “personal and confidential" and not indicating on the outside of the envelope that the communication is from an attorney or concerns an alleged debt, upon Helen Holt Sherman at her piece of employment at the following address: Helen Holt Sherman Henderson Sotheby’s International Realty 34 Chambers Street Princeton.