Uponthe annexed Affirmation of Jonathan Perrelle, dated February 14, 2023, the exhibits attached thereto, and the accompanying memorandum of law,andall prior pleadings, papers, and proceedings herein, and for good cause shown,

§ 216.1 permitting the Plaintiffs to file under seal Exhibit K (NYSCEF Doe.

| SUFFICIENTCAUSETHEREPORE-ARPEARING,LETservice ofatruecopyofthis aSy Order, together with the papers upon which the Orderis granted, upon Defendants by personal > delivery on or before February 24, 2023 be deemed good and sufficient service.

- ANDIr IS FURTHER ORDERED that Defendant’s answeringpapers, ifany, shall be served by electronic filing at least seven (7) days beforethe return date set forth above, and Plaintiffs’ reply papers, ifany, shall be served by electronic filing at least one (1)day before the return date set forth above.

-, ' >= 9as Unless otherwise instructed by the Court, no appearanceis necessary on March 22, 2023, and the motion will be decided on submission.

Issuing a preliminary injunction restraining and enjoining Defendants SD Second | Avenue Venture, LLC, SD Second Avenue Holding, LLC, and SD Second Avenue Property, LLC,and their agents, representatives, attorneys, or anyone else acting on their behalf, from distributing in-cash or in-kind any Net Cash Flow as defined in the Second Amended and Restated Limited Liability Company Operating Agreementof SD Second Avenue Venture, LLC (the “JV Agreement”), including, but not limited to, any distributions ofNet Cash Flow in-cash or in-kind pursuant to Section 3.2(a)(v), Section 4.2, Section 4.3, Section 4.9, or any other provision therein, during | the pendencyofthis action; Issuing a prejudgmentattachmentasto all such Net Cash Flow asdefinedin the JV Agreement pursuant to CPLR Article 62; ; ' 3.

Directing that this action byconsolidated for all purposes with the action currently pending in New York State Supreme Court, New York County, styled Claudio Soifer, et al. v, SD Second Avenue Member LLC,etal., Index No. 654475/2021; and 4.

- Order, together with the papers upon which the Order is granted, upon Defendantsby personal delivery on or before February 24, 2023, and upon counsel of record for the parties in Claudio Soifer, et al. v. SD Second Avenue Member LLC,etal., Index No. 654475/2021 by email on or beforeebruary 24, 2023 be deemed good andsufficient service.

served by electronic filing a eastseven anys Serere tne retutit Gate set

terti: 206 e, and by March 8, 2023 Plaintiffs’ reply papers, if any, shall be served byelectronic filing

The following e-filed documents, listed by NYSCEF document number (Motion 004) 126, 127, 128, 129, 130, 131, 134 were read on this motion for

Upon the foregoing documents, and for the reasons stated on the record following oral argument on October 18, 2023, it is ORDERED that the motion by Ropers Majeski PC to withdraw as counsel for Defendants SD Second Avenue Member LLC, Joshua Schuster, 359 Second Avenue Gramercy LLC, JVEM Silverback Gramercy LLC, SD Second Avenue Manager LLC, Schuster Enterprises 650898/2023 J.S.I.K.

INTERNATIONAL LLC ET AL vs. SCHUSTER, JOSHUA ET AL Motion No. 004 Page 1 of 3 LLC, Silverback Acquisitions and Development LLC, and 67 Livingston, LLC in Index No. 654475/2021 (the “Soifer Action”) and for Joshua Schuster, Schuster Enterprises, LLC, Silverback Acquisitions LLC, SD Second Avenue Member LLC, SD Second Avenue Manager LLC, 359 Second Avenue Gramercy LLC, and JVEM Silverback Gramercy LLC (the “Karten Action”, together with the Soifer Action, the “Consolidated Action”) (all parties referenced herein, collectively, the “Schuster Parties”) is GRANTED; it is further ORDERED that Ropers Majeski is to comply with its obligations under Rule 1.16(d) of the Rules of Professional Conduct, as applicable to the facts presented, to “take steps, to the extent reasonably practicable, to avoid foreseeable prejudice to the rights of the clients, including giving reasonable notice to the clients, allowing time for employment of other counsel, delivering to the clients all papers and property to which the clients are entitled, promptly refunding any part of a fee paid in advance that has not been earned and complying with applicable laws and rules”; it is further ORDERED that Ropers Majeski shall promptly serve a copy of this order upon the Schuster Entities by email, and, if practicable, by hard copy at their last known home and/or business addresses, respectively, by certified mail, return receipt requested; it is further ORDERED that the Schuster Entities shall appoint substitute counsel, or in the case of Mr. Schuster, either appoint new counsel or advise the Court of his intention to proceed in this matter pro se, within 30 days from the date of this order; and it is further ORDERED that no further proceedings may be taken against the Schuster Entities without leave of this Court until 30 days from the date of this order; the case may otherwise proceed as scheduled with respect to the remaining parties.

INTERNATIONAL LLC ET AL vs. SCHUSTER, JOSHUA ET AL Motion No. 004 Page 2 of 3 ORDERED that upon the expiration of the 30-day stay, all parties to this action shall submit a joint revised discovery schedule to the Court.

This constitutes the decision and order of the Court.

The following e-filed documents, listed by NYSCEF document number (Motion 003) 95, 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 119, 121 were read on this motion for

Upon the foregoing documents, and for the reasons stated on the record following oral argument on October 18, 2023, it is ORDERED that the Schuster Defendants’ motion for an undertaking is GRANTED IN PART as set forth in the Decision and Order on Mot.

INTERNATIONAL LLC ET AL vs. SCHUSTER, JOSHUA ET AL Motion No. 003 Page 1 of 2 Claudio Soifer et al v SD Second Avenue Member LLC et al (Index No. 654475/2021, NYSCEF 311).

The undertaking referenced therein applies to both matters.

This constitutes the Decision and Order of the Court.

BREANE P. STRYKER, an attorney duly admitted to practice in the Courts of the State of New York, affirms under penalties of perjury:

On July 26, 2023, pursuant to the Order to Show Cause entered by this Court on July 25, 2023 (ECF Docket No. 128 in the Karten Action; 289 in the Soifer Action), I directed to be served upon Schuster Parties a copy of the aforementioned Order and the papers submitted in support of Ropers’ application to be relieved as counsel for Schuster Parties, to be served as follows:

c. Conformed copy of the signed Order to Show Cause dated and entered July 25, 2023, Affirmation of Jung H. Park dated July 18, 2023, proposed Order to Show Cause, via NYSCEF and overnight FedEx tracking 772854309072. d. The foregoing documents were served upon Defendant Silber Acquisitions LLC in Soifer Action at the following address:

4862-5402-9682.4 Avenue Holding LLC, and SD Second Avenue Property LLC in Karten Action at the following address: WINDELS MARX LANE & MITTENDORF, LLP 156 West 56th Street New York, New York 10019

g. Conformed copy of the signed Order to Show Cause dated and entered July 25, 2023, Affirmation of Jung H. Park dated July 18, 2023, proposed Order to Show Cause, via NYSCEF and overnight FedEx tracking 772854415324. h. The foregoing documents were served upon Plaintiffs J.S.I.K.

wanna nn nanannnn Xx Andrelated actions Upon the annexed Affirmation of JUNG H. PARK,on behalf of SD SECOND AVENUE

07/25/2023 this Court, at an IAS Motion Part of the Supreme Court of the State of New York, held in and for the County ofNew York,at the Courthouse located at 60 Centre Street, New York, NY[or virtually by Microsoft Teams], on the _2nd_day of_August , 2023, at 9:30 A.M., or as soon thereafter as counsel can be heard, why an Order, pursuant to CPLR $321(b)(2), should not be entered: | 1.

Granting Ropers Majeski PC, permission to withdraw and be relieved as counsel for the Schuster Parties in the Consolidated Action; and 2.

Granting suchother and furtherrelief as this Court deems just, proper and equitable.

Unless otherwise instructed by the Court, no appearanceis necessary on August 2 2023, and the motion will be decided on submission.

- Upon the annexed Affirmation of JUNG H. PARK, on behalf of SD SECOND AVENUE

, 2023, at 9:30 A.M., or as soon thereafter as counsel can be heard, why an Order, pursuant to CPLR §321(b)(2), should not be entered: 1.

Granting Ropers Majeski PC, permission to withdraw and be relieved as counsel for the Schuster Parties in the Consolidated Action; and 2.

Granting such other and further relief as this Court deems just, proper and equitable.

SUFFICIENT REASON BEING ALLEGED THEREFOR, it is ORDERED, that pending the hearing and determination of this motion, all proceedings in this matter are stayed; and it is further ORDERED, that service of a copy of this Order and the papers on which it is based, upon Joshua Schuster, individually, and on behalf of SD SECOND AVENUE MEMBER LLC;