PLEASE TAKE NOTICE, that the within is a true and correct copy of a Short Form Order in the above—captioned action, dated October 10, 2017, that was duly entered and filed on October 11, 2017 in the office of the Clerk of the Supreme Court of the State of New York, County of New York.

ROSSI CROWLEY SANCIMINO & KILGANNON LLP Attorneys for Defendant Ground Effects, Inc. 42—24 235‘h Street Douglaston, New York 11363 Patrick M. Reilly, Esq.

WIEDERKEHR, LLP Attorneys for the Defendant, Peace ofMind Technologies, LLC 1 North Lexington Avenue White Plains, New York Jonathan Bardavid, Esq.

TRIVELLA & FORTE, LLP Attorneys for Defendant Nordic Interior, Inc. 1311 Mamaroneck Avenue, Suite 170 White Plains, New York 10605 {Client/006431/21/01418896.DOCX;1 } 20f4 FILED: NEW YORK COUNTY CLERK 10m2017 04:35 PM RnCnIVaD VYSCEF: 10/12/2017 Leonard J. Catanazaro, Esq.

Welby, Brady & Greenblatt, LLP Attorneys for Defendant Cannon Mechanical, Inc. 11 Martine Avenue, 15th Floor White Plains, New York 10606 {Client/006431/21/01418896.DOCX;1 } 3of4

The following papers, numbered 1 to __ , were read on this motion to/for Notice of Motion/Order to Show Cause — Affidavits — Exhibits Answering Affidavits — Exhibits Replying Affidavits I No(s).

Upon the foregoing papers, it is ordered thatm (7!

The following papers, numbered 1 to , were read on this motion tolfor Notice of Motion/Order to Show Cause — Affidavits — Exhibits

-against- , USA LEGWEAR, INC, et at, ____________________________________________________________________ x WHEREAS, non-appearing defendant Wing Partners LLC filed a Mechanic’s Lien pursuant to the Lien Law of the State of New York in the amount of $13,256.35, Index No. 101431/2016, on the real property known as 1411 Broadway, 2"d Floor, New York, New York, and designated as Block 815, Lot 1 on the Tax Map of the City of New York, County of New York (the “Wing Partners Lien”), a copy of which is annexed hereto as Exhibit A; WHEREAS, the Wing Partners Lien was discharged by a bond obtained by USA Legwear, LLC and Basic Resources, Inc. in the action captioned: In the Matter ofthe Application of USA Legwear, LLC and Basic Resources, Inc. to Discharge a Certain Mechanic’s Lien Filed by Wing Partners, LLC, Index.

No. 101431/2016, issued by Westchester Fire Insurance Company (the “Surety”) in the amount of$14,581.99, aiitéi filed in the Office ofthe .

Lien and directing the Clerk of the County of New York to release said Lien ofrecord, a copy of which is annexed hereto as Exhibit C. 20f3 FILED: NEW YORK COUNTY CLERK 08m2017 12:22 PM

The Clerk of the Court of the County of New York is hereby directed to and shall cancel and discharge the Bond and the Surety.

WHEREAS, non—appearing defendant Wing Partners LLC filed a Mechanic’s Lien pursuant to the Lien Law of the State of New York in the amount of $13,256.35, Index No. 101431/2016, on the real property known as 1411 Broadway, 2nd Floor, New York, New York, and designated as Block 815, Lot 1 on the Tax Map of the City of New York, County of New York (the “Wing Partners Lien”), a copy of which is annexed hereto as Exhibit A; WHEREAS, the Wing Partners Lien was discharged by a bond obtained by USA Legwear, LLC and Basic Resources, Inc. in the action captioned: In the Matter of the

Application of USA Legwear LLC and Basic Resources, Inc. to Discharge a Certain Mechanic’s

No. 101431/2016, issued by Westchester Fire Insurance Company (the “Surety”) in the amount of $14,581.99, and filed in the Office of the County Clerk of New York County on September 7, 2016, as No. K09540537 (the “Bond”), a copy of which is annexed hereto as Exhibit B; and WHEREAS, on May 3, 2017, a Satisfaction of Mechanic’s Lien, dated April 26, 2017, was filed with the County Clerk of New York County releasing the Wing Partners Lien and directing the Clerk of the County of New York to release said Lien of record, a copy of which is annexed hereto as Exhibit C.

NOW, THEREFORE, IT IS HEREBY REQUESTED, upon the consent of Wing Partners, indicated by the Affidavit of Peter Vits, as Principal of Wing Partners LLC, attached hereto as Exhibit D, that the Court enter an order as follows:

The Clerk of the Court of the County of New York is hereby directed to and shall cancel and discharge the Bond and the Surety.

FILED: NEW YORK COUNTY CLERK 06m2017 11:27 AM RaCaIVaD VYSCEF: 06/16/2017

INC, WING PARTNERS, LLC, “JOHN DOE I” through “JOHN DOE IO”, defendants being unknown to plaintiff and having or claiming an interest in or lien upon, or any bond discharging same, in the Property commonly known and located at 1411 Broadway, New York, New York a/k/a Block 815, Lot 1 on the Tax Map of the City ofNew , , : ' 3234575 30f6 '- ” " ‘ ' FILED: NEW YORK COUNTY CLERK 06m2017 11:27 AM - NYSCEF Doc.‘ NO.‘l69 ‘ " RaCaIVaD VYSCEF: 06/16/2017 : York, County of New York, arising out of labor or services performed or goods provided to the second and third floors of said property in connection with a contract, as amended and/or restated, entered into by the general contractor, Artisan Construction Partners LLC and USA Legwear LLC and Basic Resources Inc. and/or their affiliate, and “JANE DOE 1” through “JANE DOB 10”, being fictitious names, the real names being intended to designate individual, corporations, or other legal entities who are or were recipients of funds diverted from the Trust described in the complaint, Defendants.

Defendants USA Legwear, LLC and Basic Resources, Inc. (collectively, “Owners”), having applied on June 12, 2017, pursuant to New York State Lien Law (“Lien Law”) §37(l l), for an ex parte Order summarily discharging the mechanic’s lien allegedly filed by Duggal Visual Solutions on or about February 1, 2017 with the Office of the New York County Clerk, in the amount of $37,998.81 (the “Duggal Mechanic’s Lien”), against certain real property located at 1411 Broadway, New York, New York, a/k/a Block 815, Lot 1 on the Tax Map of the City of New York, County ofNew York (the “Property”), allegedly arising out of labor or services performed or goods provided to the second and third floors of the Property (the “Subleased Premises”) in connection with a contract dated October 26, 2015 entered into between the general contractor, Artisan Construction Partners LLC (“General Contractor”) and USA Legwear LLC (the “Contract”); and WHEREAS on October 31, 2016, this Court (Kornreich, J.)

issued an Order under Index Number 159131/2016 (the “Lien Law 37 Proceeding”) fixing the amount of a bond to discharge all liens and claims pursuant to Lien Law §37 in the amount of$1,1 12,426.14, and directing that a bond in said amount is to be “filed with the Clerk ofNew York County,” as set forth more fully therein; and 7 » 3234575 4of6 FILED: NEW YORK COUNTY CLERK 06m2017 11:27 AM N¥§GEE—DOCT—Ngvvilg—w—-a— u 3" NYSCEF DOC.

NOW, on the application of Sills Cummis & Gross P.C., attorneys for Owners, and the Affirmation of Mitchell D. Haddad, Bsq., dated June 8, 2017, and the exhibits annexed thereto, it is hereby: ORDERED, that, pursuant to Lien Law §37(11) and the November 7, 2016 Order, the Duggal Mechanic’s Lien allegedly filed with the New York County Clerk’s office by Duggal Visual Solutions dated February 1, 2017 against the Property allegedly arising out of labor or services performed or goods provided to the Subleased Premises in connection with the Contract as described herein is hereby summarily discharged; and it is further 3234575 50f6 FILED: NEW YORK COUNTY CLERK 06m2017 11:27 AM

INC., WING PARTNERS, LLC, “JOHN DOE 1” through “JOHN DOE 10”, defendants being unknown to plaintiff and having or claiming an interest in or lien upon, or any bond discharging same, in the Property commonly known and located at 141 1 Broadway, New York, New York a/k/a Block 815, Lot 1 on the Tax Map ofthe City of New 3234575 2 c>f FILED: NEW YORK COUNTY CLERK 06m2017 03:41 PM

Racqvm \IYSCEF: 66/15/2017 : York, County of New York, arising out of labor or services performed or goods provided to the second and third floors of said property in connection with a contract, as amended and/or restated, entered into by the general contractor, Artisan Construction Partners LLC and USA Legwear LLC and Basic Resources Inc. and/or their affiliate, and “JANE DOE 1” through “JANE DOB 10”, being fictitious names, the real names being intended to designate individual, corporations, or other legal entities who are or were recipients of funds diverted from the Trust described in the complaint, Defendants.

Defendants USA Legwear, LLC and Basic Resources, Inc. (collectively, “Owners”), having applied on June 12, 2017, pursuant to New York State Lien Law (“Lien Law”) §37(l 1), for an ex parte Order summarily discharging the mechanic’s lien allegedly filed by Duggal Visual Solutions on or about February 1, 2017 with the Office of the New York County Clerk, in the amount of $37,998.81 (the “Duggal Mechanic’s Lien”), against certain real property located at 1411 Broadway, New York, New York, a/k/a Block 815, Lot 1 on the Tax Map of the City of New York, County ofNew York (the “Property”), allegedly arising out of labor or services performed or goods provided to the second and third floors of the Property (the “Subleased Premises”) in connection with a contract dated October 26, 2015 entered into between the general contractor, Artisan Construction Partners LLC (“General Contractor”) and USA Legwear LLC (the “Contract”); and WHEREAS on October 31, 2016, this Court (Kornreich, J.)

issued an Order under Index Number 159131/2016 (the “Lien Law 37 Proceeding”) fixing the amount ofa bond to discharge all liens and claims pursuant to Lien Law §37 in the amount of$l,l 12,426.14, and directing that a bond in said amount is to be “filed with the Clerk of New York County,” as set forth more fully therein; and r 3234575 FILED: NEW YORK COUNTY CLERK 06m2017 03:41 PM .

NOW, on the application of Sills Cummis & Gross P.C., attorneys for Owners, and the Affirmation of Mitchell D. Haddad, Esq., dated June 8, 2017, and the exhibits annexed thereto, it is hereby: ORDERED, that, pursuant to Lien Law §37(11) and the November 7, 2016 Order, the Duggal Mechanic’s Lien allegedly filed with the New York County Clerk’s office by Duggal Visual Solutions dated February 1, 2017 against the Property allegedly arising out oflabor or services performed or goods provided to the Subleased Premises in connection with the Contract as described herein is hereby summarily discharged; and it is further 3234575 4of5 FILED: NEW YORK COUNTY CLERK 06m Ao

LLC, JAMES GALVIN, individually, A. LISS & CO., '

' LLC, “JOHN DOE 1” through “JOHN DOB 10”, defendants being unknown to plaintiff and having or claiming an interest in or lien upon, or any bond discharging same, in the Property commonly known and located at 1411 Broadway, New York, New York a/k/a Block 815, Lot 1 on the Tax Map of the City of New York, County of New York, arising out of labor or I services performed or goods provided to the second and I third floors of said property in connection with a contract, as amended and/or restated, entered into by the I general contractor, Artisan Construction Partners LLC ' 3234577

and/or their affiliate, and “JANE DOE 1” through “JANE DOB 10”, being fictitious names, the real names : being intended to designate individual, corporations, or other legal entities who are or were recipients of funds diverted from the Trust described in the complaint, Defendants.

Upon the Affirmation of Mitchell D. Haddad, Esq., dated June 8, 2017, and the exhibits annexed thereto, defendants USA Legwear, LLC (“USA Legwear”) and Basic Resources, Inc. (“Basic Resources”) (collectively “Owners”) hereby apply to the Supreme Court of the State of New York, County of New York, at the Ex Parte Part, Room 315 of the Courthouse located at 60 Centre Street, New York, New York, for an ex parte Order pursuant to New York Lien Law (“Lien Law”) §37(11): (i) Summarily discharging the mechanic’s lien allegedly filed by Duggal Visual Solutions on or about February 1, 2017 with the Office of the New York County Clerk in the amount of $37,998.81 against certain real property located at 1411 Broadway, New York, New York, a/k/a Block 815, Lot 1 on the Tax Map of the City of New York, County of New York (the “Property”), allegedly arising out of labor or services performed or goods provided to the second and third floors of the Property (the “Subleased Premises”) in connection with a contract dated October 26, 2015 entered into between the general contractor, Artisan Construction Partners LLC (“General Contractor”) and USA Legwear (the “‘Contract”), based upon Owners having previously obtained a bond pursuant to Lien Law §37 issued on November 2, 2016 by Westchester Fire Insurance Company, Bond No. K09545268 in the amount of $1,112,426.14 that was duly filed with the Office of the New York County Clerk on November 3, 2016, following which this Court (Oing, 1.

), issued an Order dated November 7, 2016, and entered under Index 3234577 Number 159131/2016, discharging the Property from the lien and claim of each and every contractor, subcontractor, sub-subcontractor, materialman or laborer performing labor or furnishing materials to the Subleased Premises in connection with the Contract in accordance with Lien Law §37; and (ii) Granting Owners such other and further relief as the Court may deem just and proper.

R*-C*-1Vfrli>odi¥%i€fiF=15%69%%%7 i, " if / if At the Ex Parte Part of the Supreme Court of the State of New York, held in and for the County of New York, at the Courthouse located at 60 Centre

: ———————————————————————————————————————————————————————————————————— x Petitioners USA Legwear, LLC and Basic Resources, Inc. (collectively, “Petitioners”) having applied on October 28, 2016 for an ex parte Order pursuant to New York State Lien Law §37 (“Lien Law”) fixing the amount of a bond to discharge all liens and claims that may be filed against certain real property located at 1411 Broadway, New York, New York, a/k/a Block 815, Lot 1 on the Tax Map of the City of New York, County of New York (the “Property”), arising out of labor or services performed or goods provided to the second and third floors of the Property (the “Subleased Premises”) in connection with a contract dated October 26, 2015, as amended, entered into between the general contractor, Artisan Construction Partners LLC (“General Contractor”) and Petitioners’ affiliate (the “Contract”); and On October 31, 2016, this Court (Komreich, I.)

issued an Order fixing the amount of a bond to discharge all liens and claims pursuant to Lien Law §37 in the amount of $1,112,426.14, 3l43639 v1 FILED: NEW YORK COUNTY CLERK 06m2017 05:31 PM

RfiCfiIVfiD VYSCEF: 06/09/2017 and directing that a bond in said amount is to be “filed with the Clerk of New York County” (the “October 3 lst Order”), and said October 31St Order was entered by the Clerk of the Court, New York County on October 31, 2016; and On November 2, 2016, Petitioners obtained a bond issued by Westchester Fire Insurance Company, Bond No. K09545268, in the amount of$l,112,426.14, as per the October 31St Order, and duly e-filed same with the New York County Clerk on November 3, 2016 (the “Lien Law §37 Bond”); and By reason of the foregoing, Petitioners applied for an ex parte Order discharging the Property from the lien and claim of each and every contractor, subcontractor, sub-subcontractor, materialman or laborer performing labor or furnishing materials to the Subleased Premises in connection with the Contract in accordance with the Lien Law §37; and In support of the application, Petitioners submitted the Affirmation of Mitchell D. Haddad, Esq, dated November 3, 2016, and exhibits annexed thereto (“Haddad Affi”).

NOW, upon the foregoing papers, and on the application of Sills Cummis & Gross, P.C., attorneys for Petitioners, it is hereby: ORDERED, that, pursuant to Lien Law §3 7, the Property is and shall be discharged from the lien and claim of each and every contractor, subcontractor, sub-subcontractor, materialman or laborer performing labor or furnishing materials to the Subleased Premises in connection with the Contract described hereinabove and in the Lien Law §37 Bond and the Haddad Aff; and it is further ORDERED, that the Clerk of New York County is directed to maintain a “lien bond docket" as required by Lien Law §37(10) , _ OLD‘ifiiOTiara.

FILED: NEW YORK COUNTY CLERK 06m2017 05:31 PM RaCaIVaD VYSCEF: 06/09/2017

____________________________________________________________________ x In the Matter of the Application of USA LEGWEAR, LLC and

For an Order Pursuant to Lien Law § 37 Fixing the Amount of a Bond to Discharge All Liens and Claim.

____________________________________________________________________ x as Petitioners USA Legwear, LLC and Basic Resources, Inc. (“Petitioners”) have applied for an ex parte Order pursuant to New York Lien Law §37 fixing the amount of a bond to discharge all liens and claims that may be filed against certain real property located at 1411 Broadway, New York, New York, a/k/a Block 815, Lot 1 on the Tax Map of the City of New York, County of New York (the “Property”), arising out of labor or services performed or goods provided to the second and third floors of the Property (the “Subleased Premises”) in connection with a contract entered into between Artisan Construction Partners LLC and Petitioners’ affiliate; and In support of said application, Petitioners have submitted the Affirmation of Mitchell D. Haddad, Esq., dated October 28, 2016, with the accompanying exhibits.

!fx{!.lfi't'.fi"“ Upon the foregoing papers, and on the application of Sills Cummis & Gross, P.C., attorneys for Petitioners, it is hereby: ORDERED that the sum of$1,112,426.14 is fixed as the amount of the bond to be given by Petitioners pursuant to Lien Law §37, to discharge all liens and claims that may be filed against certain real property located at 1411 Broadway, New York, New York, a/k/a Block 815, Lot 1 on the Tax Map ofthe City ofNew York, County ofNew York (the “Property”), arising out of labor or services performed or goods provided to the second and third floors of the Property (the “Subleased Premises”) in connection with a contract entered into by Artisan Construction Partners LLC, and Petitioners’ affiliate, AmeriCo Group, Inc. an d m bond ‘sT‘s 51 Cdrd wll’k i’Le, (DH/t 54 pew Lfofl/C coo Maj“ DWkober 1‘6

contract, as amended and/or restated, entered into by the ' 3234578 v2 lof4 FILED: NEW YORK COUNTY CLERK 06m2017 05:31 PM RaCaIVaD VYSCEF: 06/09/2017 general contractor, Artisan Construction Partners LLC and USA Legwear LLC and Basic Resources Inc. and/or their affiliate, and “JANE DOE 1” through “JANE DOE 10”, being fictitious names, the real names : being intended to designate individual, corporations, or other legal entities who are or were recipients of funds diverted from the Trust described in the complaint, Defendants.

MITCHELL D. HADDAD, ESQ, an attorney duly admitted to practice law before the Courts of the State of New York, affirms the following to be true under the penalties of perjury:

I am a member of Sills Cummis & Gross P.C., attorneys for defendants USA Legwear, LLC (“USA Legwear”) and Basic Resources, Inc. (“Basic Resources”) (collectively “Owners”), and am familiar with the facts set forth herein.

On November 2, 2016, Owners obtained Bond No. K09545268 from Westchester Fire Insurance Company (“WFIC”) in the amount of $1,1 12,426.14 (the “Lien Law §37 Bond”) and filed same with the New York County Clerk in compliance with the October 31, 2016 Order.

WHEREFORE, Owners respectfully request that the Court issue an Order (i) summarily discharging the Duggal Mechanic’s Lien against the Property pursuant to Lien Law §37(11) and the November 7, 2016 Order; and (ii) granting Owners such other and further relief as the Court deems just and proper.