Edward A. Vincent, Esq., an attorney admitted to practice law in and before the courts of the State of New York, affirms that the following statements are true and accurate and subject to the penalties of perjury:

I submit this affirmation in support of the instant application of Borchert & LaSpina, P.C. to be relieved as counsel for Defendants pursuant to CPLR §321(b).

WHEREFORE, your affirmant requests that the instant application be granted in its entirety and that this firm be awarded such other, further and different relief as this court deems just and proper.

Edward A. Vincent, Esq., an attorney admitted to practice law before in and before the courts of the State of New York, affirms that the following statements are true and accurate and subject to the penalties of perjury:

I proceeded to conduct the deposition of one of the plaintiffs on August 8, 2023 based on the representations of our clients that they would pay the outstanding fees owed to this firm but to date they have not done so.

cot\4 At IAS Part 12 of the Supreme Court of the State of New York, held in and for the County of Kings at the courthouse thereof located at 360 Adams Street, Brooklyn, New York, on Au$us+ I g ,2023.

K & DZ Corp., Roman Dziedzic and Jaroslaw Kaszuba.

Plaintiffs, -against Simon Balkhiyev, Diego RemY, Simax Development Group LLC, RealtY Rehabbers lnc., Breukelen Holdings Corp.' RBM Development Corp. and Buckingham Development Group, lnc., formerly known as Buckingham DeveloPment CorP., Upon reading and filing the pleadings and proceedings herein and upon the annexed affirmation of Edward A Vincent, Esq dated August 15' 2023 and the annexed emergency afflrmation of Edward A' Vincent' Esq' dated August 15,2023' LET all appearing parties and defendants Simon Balkhiyev, Diego Remy, Simax Development Group LLC, Realty Rehabbers lnc., Breukelen Holdings Corp., RBM Development Corp. and Buckingham Development Group, lnc., formerly known as Buckingham Development Corp. COty Room 956 ("Defendants") show cause at IAS Part 12 of this court to be held in and atr Ufl1"d^4 2023. at 9:30 a.m. or as sobn thereafter as counsel can be heard, why an order should not be made for the County of Kings on relieving Borchert & LaSpina, P.C., the attorneys of record for Defendants, pursuant to CPLR 321(b), as attorneys for Defendants in the above entitled action and granting such other and further relief to Borchert & LaSpina, P.C. as to this court may seem just and proper.

Sufficient cause appearing therefore, ORDERED that the action is stayed pending the +*d hearing a$* dd€rHi{}atic€ of this motion.

LET service of a copy of this order to show cause together with a ov.c.^,S copy of the papers upon which it is based upon all parties tsE#er{tit 'YY1q\\ * upon the attorneys of record for all appearing parties by C€ttu€qF€Fd persenat-searic.g_ 2023, be deemed effisHe=#]iHgF on or before August sufficient

LET all appearing parties and defendants Simon Balkhiyev, Diego Remy, Simax Development Group LLC, Realty Rehabbers Inc., Breukelen Holdings Corp., RBM Development Corp. and Buckingham Development Group, Inc., formerly known as Buckingham Development Corp. (“Defendants”) show cause at IAS Part ___ of this court to be held in and for the County of Kings on , 2023, at 9:30 a.m. or as soon thereafter as counsel can be heard, why an order should not be made relieving Borchert & LaSpina, P.C., the attorneys of record for Defendants, pursuant to CPLR 321(b), as attorneys for Defendants in the above entitled action and granting such other and further relief to Borchert & LaSpina, P.C. as to this court may seem just and proper.

Sufficient cause appearing therefore, ORDERED that the action is stayed pending the final hearing and determination of this motion.

Justice of the Supreme Court From: To: Subject: Date: Edward Vincent Frank J. Monteleone RE: K&DZ v. Balkhiyev Thursday, August 17, 2023 1:05:00 PM Hi Mr. Monteleone, As required by the Court, I am providing notice that we will present a emergency TRO to withdraw as counsel and stay this action in the interim today at 2PM to be filed via NYSCEF in Kings Supreme, at the Ex Parte Part Room 72 Room 295.

The unauthorized use, dissemination, distribution or reproduction of this e-mail message, including attachments, is strictly prohibited.

The unauthorized use, dissemination, distribution or reproduction of this e-mail message, including attachments, is strictly prohibited.

At an IAS Commercial Term Part 12, of the Supreme Court of the State of New York, held in and for the County of Kings, at the Courthouse, located at360 Adams Street, Borough of Brooklyn, City and State of New York, on the lTtl' day of July 2023.

Amended Conference Order -against- Balkhiyev, et al., Defendants After a consideration of a letter dated July l4 and a conference held on the same date, it is hereby ordered as follows: 1) Plaintiffs shall provide responses to Defendants' D&I numbers 1,2, 5, 6, 7 , 16 and 46 and a Jackson affidavit for D&l l0 on or before August 14.

Defendants shall also respond to Plaintiffs' request for all witness information, including experts.

3) Plaintiffs will take the depositions of defendants on August 18 and September 5, at 9:30 AM, either virtually or in-person, at counsel's option.

5) A compliance conference will be held with the court, virtually, on September 6, at l l AM. 6) The note of issue shall be filed on or before October 30,2023.

Corp., Roman Dziedzic and Jaroslaw Kaszuba in the While the Conference of the matters discussed I am reluctant to burden dated Order in today's the Court 14, 2023 July conference on discovery (the"Order") as follows: matters, in error are certain I believe or otherwise the terms of deviate from directs seeks present."

for each year Corp. from 2016 for "Federal an identical request made present" for each year from to the 2016 Although the Court indicated production of tax returns, response to the identical are directed to produce produce tax returns.

documents, savings, checking namely or "statements, financial accounts

the to as their deposit held deposit accounts Defendants Request Document cancelled slips, or maintained slips, held or have 21 seeks checks and by K&DZ Corp

Remaining conference advised Names Witness Addresses, Discovery, all Demands: not Discovery due time the Court's to my constraints, that Defendants not provided responses have for Witness and Demand Statements, produced on April of which Plaintiffs Although explicitly 13, July Plaintiffs' to addressed 2023 letter Demand Demand 2023. and 24, the during to the Court for Witness Expert for We respectfully request 14, 2023. by August that the Court direct Defendants to respond to these requests Respectfully submitted, Frank J. Monteleone Enc.

At an IAS Commercial Term Part 12, of the Supreme Court of the State of New York, held in and for the County of Kings, at the Courthouse, located at 360 Adams Street, Borough of Brooklyn, City and State of New York, on the l4'r' day of July 2023.

Honorable Reginald A. Boddie, JSC ---x, K&DZ Co.p., et al., Index No.53573712022 Plaintiffs, Cal No. Conference Order -against- Balkhiyev, et al., Defendants After a conference today, it is hereby agreed and ordered as follows l) PlaintiffsshallprovideresponsestoDefendants'D&Inumbersl,2,5,6,7,16and46and a Jackson affidavit for D&I 10 on or before August 14.

2) On or before August 14, defendants shall provide responses to document demand numbers 2, 3, 4, 6, g, g, 10, I I , 13, 14, 15,17, l g, 19, 20,22, 24, 26, 27,29 and 30, or a Jackson affidavit.

3) Plaintiffs will take the depositions of defendants on August 18 and September 5, at 9:30 AM, either virtually or in-person, at counsel's option.

5) A compliance conference will be held with the court, virtually, on September 6, at 1l AM. 6) The note of issue shall be filed on or before October 30,2023.

At an IAS Commercial Term Part 12, of the Supreme Court ofthe State ofNew York, held in and for the County of Kings, at the Courthouse, located at 360 Adams Street, Borough ofBrooklyn, City and State ofNew York, on the 5th day of May 2023.

2) Alt parties shall serve document responses by June 30.

4) Plaintiffs will take the depositions of defendants on August 15 and 18, at 9:30 AM, either virtually or in-person, at counsel's option.

6) A comptiance conference will be held with the court, virtually, on July l4 at l2 noon.

Kd., Honorable Reginald A. Boddie Justice, Supreme Courl

PLEASE TAKE NOTICE that the within is a true copy of the Order of The Honorable Reginald A. Boddie, of the Supreme Court of the State of New York, County of Kings, IAS Commercial Part 12, dated March 23, 2023 and duly entered and filed in the office of the Clerk of the Court on March 23, 2023.

Honorable Reginald A. Boddie Justice, Supreme Court K & DZ Corp., Roman Dziedzic and Jaroslaw Kaszuba, Plaintiffs.

-against- Simon Balkhiyev, Diego Remy, Simax Development Group LLC, Realty Rehabbers Inc., Breukelen Holdings Corp., et.

al., At an IAS Term Commercial Part l2 ofthe Supreme Court ofthe State ofNew York, held in and for the County ofKings, at the Courthouse, located at 360 Adams Street, Borough of Brooklyn, City and State ofNew York on the 23rd day of March 2023.

NYSCE,F Doc Nos. t9-27 Defendants' motion to dismiss the complaint pursuant to CPLR 321I is granted to the extent that plaintiffs' claims for money had and received (fifth cause ofaction) and imposition of a constructive trust (sixth cause ofaction) are dismissed as duplicative of plaintiffs' other claims.

Honorable Reginald A. Boddie Justice, Supreme Court K & DZ Corp., Roman Dziedzic and Jaroslaw Kaszuba, Plaintiffs.

-against- Simon Balkhiyev, Diego Remy, Simax Development Group LLC, Realty Rehabbers Inc., Breukelen Holdings Corp., et.

al., At an IAS Term Commercial Part l2 ofthe Supreme Court ofthe State ofNew York, held in and for the County ofKings, at the Courthouse, located at 360 Adams Street, Borough of Brooklyn, City and State ofNew York on the 23rd day of March 2023.

NYSCE,F Doc Nos. t9-27 Defendants' motion to dismiss the complaint pursuant to CPLR 321I is granted to the extent that plaintiffs' claims for money had and received (fifth cause ofaction) and imposition of a constructive trust (sixth cause ofaction) are dismissed as duplicative of plaintiffs' other claims.

Defendants' motion is otherwise denied.

In addition, the court declines to sign Ahmed's order as to show cause recently filed seeking contempt for the same reasons.

The parties oppose that request only because accuse Ahmed of forum shopping by initiating another lawsuit has been assigned to another judge.

Related matters should rightly be heard by the same judge so that consistent results are reached affecting the same parties.

Further, the nature of the allegations are in large part connected to the actual dispute between the parties and as resolution on matter long as it lingers this cannot be resolved.

The only basis to oppose the motion is the argument presented by Ahmed that would frustrate the of refinance Kenny fruits any benefits.

with the usun| powers and directions, Receiver, r the benefit of the plaintUT of all the rents and proDts now due and unpaid or to become·due and payable during the pendency of this acdon and described in the complaint in this action.

that said Receiver be and is hereby directed to demand, collect an receive from the occupants, tenants, and licensees in possession of said sttbject premises liable inclusive af ot other persona thercGr, the de01udunt, R1 Organization, an the renja and licease fees thereof now due and unpaid or hereafter to become lixed or due, and that said R civer be and is hereby nuthorized to institute and carry on all legal proecedings necessa:7 for the protection of sitjd Premises or to recover possession of the whole, or any part thereof, and/or apply to the Court to fix reasonable rental value and license fee .

that pursuaut to the provisions of the General obligations Law or advances ofrental Section 7-105, anybody holding deposits as accorhy under any lease or license agrooment affecting space in the Premises affected by this action shall tum same over to said Receiver within five ($) days aher said Receiver shall have qualified; and thereupon the said Rocciver shall hold sitch security subject to auch disposition thorcef as shall be provided in an Order of this Court to be made and catered in this action; and h is further,

that anybody in possession of same shall turn over to said Receiver all rent )ists, orders, unexpired and expired leases, agrcoments, correspondence, notices and registration staternents relating to rental space or facilitics in the Premises, and it is further,

thai the Receiver is prohibited frotn incurring obligations in excess of the monics in his/her hands without further Order of this Court h:-easeswet he- glainti:fhmttomey; and it is further,

01/19/2023 of ofNew a Comni At 8 Term Court of the State County,.1ocated Kings Room .

a a ction, located at 2017 Church Avenue, Brooklyn Ne¶York 11226 a/k/a

East Street, Brooklyn, New York 11226; ("Property") and is further;

01/19/2023 shalLbe appöinted as real estate broicerto list and marketthesale of saidproperty; and itis further,

that Republic Valuatibns Inc. 184 Prk Avenue S., Suite 103, Stooklyn, New York, 1120.5 shall be appointed as.apprais.er of said.property..

At a Comm 8 Term of the Supreme Court of the State of New York, Kings County, located at 360 Adams Street, Room 285 Brooklyn New York 11201

Based upon the application of Eric Nelson, Esq. Receiver appointed in the above-entitled

action, it is hereby; ORDERED that the Receiver is authorized to proceed with the sale of the property located at 2017 Church Avenue, Brooklyn, New York 11226 a/k/a 156 East 21st Street, Brooklyn, New York 11226; (“Property”) and it is further; ORDERED that Maryl Realty of New York, Ltd., 2753 Coney Island, New York 11235 shall be appointed as real estate broker to list and market the sale of said property; and it is further.

ORDERED, that Republic Valuations Inc. 184 Park Avenue S.,Suite 103, Brooklyn, New York, 11205 shall be appointed as appraiser of said property.

Dated: January 18, 2023 Brooklyn, New York

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 appear or answer, judgment will be taken against you by default for the relief demanded in this Complaint.

This Court has jurisdiction over Plaintiff's claims pursuant to CPLR and Article 6, § 7 of the Constitution of the State of New York, and underthe choiceof law andforumselectionprovisionoftheparties'Vendor Agreement.

Money damages would be inadequate to fully compensate Plaintiff for the incalculable loss of future business, customer relationships, reputation, and good will that would result from the continued breaches and interference by Defendant.

awarding Plaintiff damages resulting attorneys' from Defendant's breach of contract, plus fees, costs, and interest, in an amount to be proven at trial;

enjoining Defendant and anyone in concert with it from committing further breaches of the Vendor Agreement and tortiously interfering with Photon's business relationships, and such other legal and acting from equitable relief as the Court deems just and proper;