Defendants USA Legwear, LLC and Basic Resources, Inc. (“Defendants”), having moved this Court by Order to Show Cause, signed on November 22, 2016, by the Hon.

Nancy Bannon [In re: Application of USA Legwear, LLC, et al., Index No. 656063/16, Motion Seq.

No. 39], for an Order pursuant to New York Lien Law (“Lien Law”) § 59 (i) vacating and discharging certain mechanics liens and (ii)icancelling certain bonds filed to discharge those liens, upon the submitted Affirmation of Nico1e Joy ILeibman, dated November 18, 2016, and Affirmation of Mitchell D. Haddad, Esq., dated February 28, 2017 (“Motion”); and WHEREAS Index No. 656063/16 was consolidated in the above-captioned action by Order ofthis Court entered February 6, 2017 [Index No. 655053/2016, Dkt.

Electrical Lien”); in the amount of $83,000.00, assigned Control Number o Maspeth Welding Inc., 003514950 - 01, docketed August 16, 2016 (“Maspeth Lien”); and WHEREAS, at the request of Defendants, Defendants’ surety, Westchester Fire Insurance Company (“WFIC”), filed a bond discharging each of the foregoing liens with the New York County Clerk, as follows: 0 Bond No. K095045001, Index.

therefore, upon the application of Sills Cummis & Gross P.C., attorneys for Defendants, it is hereby: ORDERED that the New York County Clerk is directed as follows:

815, Lot 1 on the Tax_ Map of the City of New York, County of New York, arising out of labor or services performed or goods provided to the second and third floorsof 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 I” 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, USA Legwear, LLC (“USA Legwear”), Basic Resources, Inc. (“Basic , Resources”), AmeriCo Group, Inc. (“Americo”) and Westchester Fire lnsurance Company 5 (“Westchester Fire”) (collectively, the “Owner Defendants”), having moved this Court (the “Motion-fi) for, mtg gljg, an Order pursuant to CPLR § 3212, awarding summaryjudgment on their respective First and Second Counterclaims and Cross Claims for a declaratory judgment ' that there is no lien fund upon which the purported mechanic’s liens of plaintiff Belle Lighting LLC (“Belle Lighting”) and each of the co-defendant lienors (collectively, with Belle Lighting, the “Lienors”) can attach, and discharging each oithe Lienors’ mechanic’s liens, dismissing their respective claims, counterclaims, and cross-claims, canceling each of the bonds securing same, discharging the Lis Pendens filed against the real propeny commonly known as and located at 141 I Broadway, New York, New York a/k/a Block 815, Lot 1 on the Tax Map of the County of New York (the “Property”), discharging the bond issued by Westchester Fire pursuant to Lien ()32l445 v2 Zofll FILED: NEW YORK COUNTY CLERK 06m2019 10:47 ‘ 655053/2016

06/21/2019 Law § 37 (“Section 37 Bond”), and discharging all claims asserted against the Section 37 Bond; and ' Belle Lighting and co-defendant lienors Ground Effects, Inc. (“Ground Effects”), Danton Plumbing & Heating Corp. (“Danton”), Nordic Interiors, Inc. (“Nordic”) and Cannon .

Memorandum of Law dated July 26, 2017, submitted in further support of Owner Defendants’ Motion; and the matter having been duly come on to be heard before the Honorable Kathryn E. , Freed; and oral argument being had on October 10, 2017; and the Opposing Lienors having signed a Stipulation, dated March 12, 2019, consenting to all of the relief sought in the Motion and entry ofthis Order; and after due deliberation thereon; and the Court having rendered a Decision on the Motion dated April 16, 2019; NOW, upon motion of Sills Cummis & Gross P.C., attorneys for the Owner Defendants, it is ’ ORDERED, that the Motion is granted in its entirety; and it is further ORDERED, ADJUDGED AND DECLARED, that there is no lien fund upon which any of the mechanic’s‘liens filed by the Lienors can attach; and it is further ORDERED, ADJUDGED AND DECLARED, that USA Legwear paid all amounts due and owing under the agreement and addendum dated October 28, 2015 between Americo and Artisan Construction Partners.

\ ORDERED AND ADJUDGED, that Bond No. K093046l7, Index No. 101 158/16 issued by Westchester Fire to bond and discharge the Everest Lien (“Everest Bond”) is hereby canceled and Westchester Fire is hereby released and discharged from its obligations under the I Everest Bond; and it is further ORDERED AND ADJUDGED, that the mechanic’s lien in the sum of $22,084.21 filed by State Painting & Decorating Co. Inc. (“State Painting Lien”) on August 2, 2016 in the New York County Clerk’s Office, State ofNew York against real property 1411 Broadway, New York, New York, designated as Block 815, Lot 1, is hereby discharged, and the Clerk of the, Court is hereby directed to cancel, discharge and release of record the State Painting Lien; and it is further ORDERED AND ADJUDGED, that Bond No. K095045098, Index No. 101442/ld I issued by Westchester Fire to bond and discharge the State Painting Lien (“State Painting Bond”) is hereby canceled and Westchester Fire is hereby released and discharged from its obligations under the State Painting Bond; and it is further ORDERED AND ADJUDGED, that the mechanic’s lien in the sum of $65,l 85.64 filed by Nouveau Elevator Industries Inc. (“Nouveau Lien”) on September 27, 2016 in the New York County Clerk’s Office, State of New York against real property 141 1 Broadway, New York, New York, designated as Block 815,'Lot 1, is hereby discharged, and theCIerk of the Court is hereby directed, to cancel, discharge and release of record the Nouveau Lien; and it is further ORDERED AND ADJUDGED, that Bond No. K09545244, Index No. 101828/16 !

... Defendant(s) [9 All Parties. shallbeheld (6) Other Disclosure , shall exchange names and addresses of all eye a A“ (a) All parties, on or before witnesses and notice witnesses, statements of opposing parties, and photographs, or, if none, ...

Defendants, USA Legwear, LLC, Basic Resources, lnc., and Westchester Fire Insurance Company (“Defendants"), having moved this Court by Order to Show Cause, signed on November 22, 2016 [Motion Seq.

instant action those actions then pending or any future actions which may have been or will be commenced by lienors; seeking payment and/or to foreclose upon mechanics’ liens and the bonds securing same, if any, filed in the New York County Clerk's Office against the real property commonly known as aind located at 141 1 Broadway, New York, New York a/k/a Block 815, Lot 1 on the Tax Map ofthe County of New York (the “Property"), arising out of labor or services performed or goods provided to the second and third floors ofthe PrOperty (the “Subleased " Premises”) in connection with a contract entered into by the Artisan Construction Partners, LLC (“General Contractor”) and USA Legwear LLC’s and Basic Resources lnc.’s affiliate, as amended and/or restated (the “Contract"), including but not limited to, those actions pending m the time the motion was made captioned Cannon Mechanical, lnc.

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 14] 1 Broadway, New York, New York a/k/a Block 815, Lot 1 on the Tax Map 'ofthe City ofNew York, County ofNew York, arising out oIIabor or services perfomied or goods provided to the second and third floors ofsaid 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 I” 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 compIaint, Defendants.

Horowitz Law Group, PLLC 61 Broadway, Suite 2125 New York, NY 10006 Counselin the Related Actions/0r plaintiff Glenwood Management Services Inc. Jonathan Bardavid, Esq.

DelBelIo Donnellan Weingarten Wise & Wiedcrkehr LLP ; 1 North Lexington Avenue White Plains, NY 10601 Counsel in the Related Actions/orplaintiff Peace of Mind Technology, LLC Henry C. Chan, Esq.

Legwear"), Basic Resources, Inc. ("Basic Resources"), Americo Group, Inc. ("Americo") and Westchester Fire Insurance Company ("Westchester Fire") (collectively, the "Owner De6=d==±s"), having moved this Court-(the "Motion") for, i_nnteiralia, an Order pursuant to CPLR § 3212, awarding summary judgment on their respective First and Second Counterclaims and Cross Claims for a declaratory judgment that there is no lien the purported of plaintiff fund upon'which mechanic's liens Belle Lighting

Law § 37 ("Section 37 Bond"), and discharging all claims asserted against the Section 37 Bond; and Belle Lighting and co-defendant lienors Ground Effects, Inc. (' Ground Effects"), Danton Plumbing & I-leating Corp. ("Danton"),.Nordic Interiors, Inc. ( 'Nordic") and Cannon Mechanical, Inc. ("Cannon 1 iccliañical"), havirig filed opposition to the Motion; and - The remaining co-defendant lienors, Jacoby Electrical Corp. ("Jacoby"), Everest .

and the exhibits Omnibus Reply Affirmation of Mitchell D. Haddad, Esq., dated July 26, 2017, annexed thereto, in further support of Owner Defcñdants' Motion, and the Omnibus Reply Memorandum of Law dated July 26, 2017, submitted in further support of Owner Defendants' Motion; and the matter having been duly come on to be heard before the Honorable Kathryn

Legwear paid all amounts due and owing under the agreement and addendum dated October 28, 2015 between Americo and Artisan Construction Partners

that USA Legwear, Basic Resources and Americo are not liable for all or any part of the amounts sought to be recovered by the Lienors and are discharged from liability therefor; and it is further

LLC and Basic Resource; inc. to Discharge a Certain Mechanic’s Lien Filed by Glenwood Management Services.

NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and among the undersigned counsel for defendants USA Legwear, lino, Basic Resources, LLC, Westchester Fire Insurance Company, and undersigned counsel for defendant Glenwood Management Services, hie, as follows:

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

This Stipulation maybe executed in counterparts: and by Facsimile or electronic signatures, which, when taken together, Shall be deemed to be but one document.

Either party or both parties may submit this Stipulation to the Court to be “so~ordered.” USA Legwear, LLC, Basic Resources, lno, Westehester Fire Insurance Company and Glenwood Management Services: Inc. shall bear their own costs and attorneys” fees in connection with this Stipulation.

fictitious names, to designate entities or other legal of funds diverted in the : : : : : : : : : : : : : : : : of New of labor to the in and/or 1" the complaint, restated, Artisan Legwear their

Basic Resources, Inc., Westchester Fire Insurance Company, and Americ0 Group, Inc. move, inter alia, for summary judgmeñt pursuant to CPLR 3212.

Plaintiff Belle Lighting and defendants Nordic Interior, Inc., Cannon Mechanical, Inc., and Danton Heating & Plumbing Corp. oppose the motion.

On July 20, 2016, owners filed the bond with the 2 In April 2017, ACP and its principal, were iñdkted James Galvin, subcontractors out of $2.9 million in connection with nine projects premises.

On September 7, 2016, owners filed the bond with the New York County Clerk under the foregoing Index Number and the property was marked discharged 655053/2016 BELLE LlGHTING LLC vs. USA LEGWEAR, Motion No. 002 003 004

(Request to So Order) WHEREAS, defendant Peace of Mind Technologies, LLC filed a Mechanic's Lien pursuant to the Lien Law of the State of New York in the amount of $155,697.48 on the real property known as 1411 Broadway, "AmericCo Group," 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 "Lien"), a copy of which is annexed hereto as Exhibit A; WHEREAS, the 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 Lien Filed by Peace of Mind Technologies, LLC., Index.

No. 101156/2016, and issued by Westchester Fire Insurance Company (the "Surety"), No. K09304599 and filed in the Office of the County Clerk of New York County on July 20, 2016 (the "Bond"), a copy of which is annexed hereto as Exhibit B; and WHEREAS, on March 1, 2017 a Release of Mechanic's Lien, dated February 23, 2017 was filed with the County Clerk of New York County releasing the 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;

by and among the undersigned counsel for defendants USA Legwear, LLC, Basic Resources, Inc., Westchester Fire Insurance Company, and Peace of Mind Technologies, LLC, 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.

This Stipulation may be executed in counterparts, and by facsimile or electronic signatures, which, when taken together, shall be deemed to be but one document.

Further, upon information and belief, none of these respondents commenced an action to foreclose their respective mechanic's liens, and nor have they appeared in any lien foreclosure action to which they have been joined as parties.

TENA M. MIHALICS, being duly sworn, deposes and says: I am over the age of eighteen (18) years and am not a party to this action, and maintain my office c/o Sills Cummis & Gross PC, 101 Park Avenue, 28th Floor, New York, New York 10178.

On the 7th day of February, 2017, I served the within Decision and Order, dated February 2, 2017 and entered February 6, 2017 by depositing a true copy of the same in a properly addressed envelope, under the exclusive care and custody of Federal Express for overnight delivery within the State of New York, prior to the latest time designated by FedEx for overnight delivery to the following: Law Offices of Edward Weissman Edward Weissman Esq 60 East 42nd Street, Suite 557 New York, New York 10165 Counsel for Belle Lighting LLC (212) 937—1520 3226038 v1 lof3

Rossi, Crowley, Sancimino & Kilgannon, LLP 42—24 235th Street Douglaston, New York I 1363 Counsel for Ground Effects, Inc. (718) 428—9180 Paul G. Ryan Esq Welby, Brady & Greenblatt, LLP 11 Martine Avenue, 15th Floor White Plains, New York 10606 Counsel for Cannon Mechanical, Inc. (914)428—2100 Stephen J. Sassoon Esq Rosenberg Feldman Smith, LLP 551 Fifth Avenue, 24th Floor New York, New York 10176 Counsel for Everest Scaffolding, Inc. 212—682-3454 Charles R. Pierce, Jr. Tarter Krinksy & Drogen LLP 1350 Broadway New York, NY 10018 Counsel for 141 1 IC—SIC Property, LLC and 141 1 IC-SIC Property.

DelBello Donnellan Weingarten Wise & Wiederkehr LLP 1 North Lexington Avenue White Plains, NY 10601 Counsel for Peace of Mind Technology, LLC (914)681~0200 James Galvin 65 West 37th Street, Suite 300 New York, New York, 10018 defendant (212) 840—8500 Leonard J. Catanzaro, Esq.

Horowitz Law Group, PLLC 61 Broadway, Suite 2125 New York, NY 10006 Counsel for Glenwood Management Services, Inc. (212) 920—4503 Jonathan Bardavid, Esq.

Ct. N.Y. Co., Index No. 018004/2016), and those actions filed .1 subsequent to the motion captioned Glenwood Management Services, Inc. v. James Galvin, Artisan Construction, et.

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 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 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 I" 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.

Rossi, Crowley, Sancimino & Kilgannon, LLP 42-24 235th Street Douglaston, New York 11363 Counsel in the Related Actions for plaintiff Ground Effects, Inc. 3211434 v2 Paul G. Ryan Esq Welby, Brady & Greenblatt, LLP I 1 Martine Avenue, 15th Floor White PlainS, New York 10606 Counsel in the Related Actions for plaintiff Cannon Mechanical, Inc. John D. Horowitz, Esq.

Trivella & Forte, LLP 1311 Mamaroneck Avenue, Suite 170 White Plains, NY 10605 Counsel in the Related Actions for plaintiff Nordic Interior, Inc. Charles R. Pierce, Jr. Tarter Krinksy & Drogen LLP 1350 Broadway New York, NY 10018 Counsel in the Related Actions for plaintiff 1411 IC-SIC Property, LLC and 1411 IC-SIC Property.

DelBello Donnellan Weingarten Wise & Wiederkehr LLP 1 North Lexington Avenue White Plains, NY 10601 Counsel in the Related Actions for plaintiff Peace of Mind Technology, LLC Henry C. Chan, Esq.

Defendants, USA Legwear, LLC, Basic Resources, Inc., and Westchester Fire Insurance Company (“Defendants”), having moved this Court by Order to Show Cause, signed on

Ct. N.Y. Co., Index No. 018004/2016), and those actions filed subsequent to the motibn captioned Glenwood Management Services, Inc. v. James Galvin, Artisan Construction cit.

Horowitz Law Group, PLLC 61 Broadway, Suite 2125 New York, NY 10006 Counsel in the Related Actions for plaintiff Glenwood Management Services.

Counsel in the Related Actionsfor plaintiff Nordic Interior, Inc. Charles R. Pierce, Jr. Tarter Krinksy & Drogen LLP 1350 Broadway New York, NY 10018 Murtagh, Cohen & Byme Joel B. Cutler, Esq.

DelBello Donnellan Weingarten Wise & Wiedcrkehr LLP , 1 North Lexington Avenue White Plains, NY 10601 Counsel in the Related Actions for plaintiff Peace ofMind Technology, LLC Henry C. Chan, Esq.

It is hereby stipulated, consented and agreed, by and between the undersigned counsel for all the parties herein, as follows:

Plaintiff Belle Lighting LLC hereby withdraws its opposition to the motion of defendants USA Legwear, Inc., Basic Resources, LLC and Westchester Fire Insurance Company (collectively, “Defendants”) to consolidate actions, brought on by Order To Show Cause, signed on November 22, 2016 [Motion Seq.

No. 1; Docket No. 32] (the “Motion”), presently returnable on January 31, 2017, at 10:00 a.m.

Plaintiff consents to this Court’s granting the Motion!

This Stipulation can be executed in counter-parts, by facsimile or pdf electronic signature, and can be submitted or e-filed ex parte to the Court.

filture actions which may hereafter be commenced by lienors (“Future Actions”) seeking payment and/or to foreclose upon mechanics’ liens and the bonds securing same, if any, filed in the New York County Clerk’s Office against the real property commonly known as and located at 141 1 Broadway, New York, New York a/k/a Block 815, Lot 1 on the Tax Map of the 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 by the General Contractor and USA Legwear’s and Basic Resources’ affiliate, as amended and/or restated (the “Contract”), including but not limited to, those pending

Ct. N.Y. Co., Index No. 158714/2016; and Everest Scaffolding, Inc. v. USA Legwear LLC, et.

following parties and/or their counsel of record in the Related Actions at the addresses set forth below shall be deemed good and sufficient service: 3 5:‘I

Law Offices of Edward Weissman Edward Weissman Esq 60 East 42nd Street, Suite 557 New York, New York 10165 Counselfor PlaintiffBelle Lighting LLC Paul G. Ryan Esq Welby, Brady & Greenblatt, LLP 11 Martine Avenue, 15th Floor White Plains, New York 10606 Counsel in the Related Actions for plaintiff Cannon Mechanical, Inc. Stephen J. Sassoon Esq Rosenberg Feldman Smith, LLP 551 Fifth Avenue, 24th Floor New York, New York 10176 Counsel in the Related Actions for plaintiff Everest Scaffolding, Inc. Leonard J. Catanzaro Esq 555 Lenox Avenue, Suite 2F New York, New York, 10037 Counsel in the Related Actions for plaintiff State Painting & Decorating Co., Inc. James Galvin 65 West 37th Street, Suite 300 New York, New York, 10018 Defendant in the Related Actions Artisan Construction Partners, LLC 65 West 37th Street, Suite 300 New York, New York, 10018 Defendant in the Related Actions is And it%further ORDERED, that opposition papers, if any, to this motion shall be served by overnight delivery upon the attorneys for defendants in the within action, Sills Cummis & Gross P.C., 101 3152971 v2 3<>f4 3 of 4