FILED: NEW YORK COUNTY CLERK 04/09/2014 INDEX NO /2012 NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 04/09/2014

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1 FILED: NEW YORK COUNTY CLERK 04/09/2014 INDEX NO /2012 NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 04/09/2014 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK INTERWEB PRINTING, INC. d/b/a TRANSCONTINENTAL PRINTING/INTER WEB PRINTING, INC. Index No /2012 Plaintiffs, -against- Affidavit of Service BLUE HORIZON MEDIA, INC., and CARL RUDERMAN, Defendants. State of New York ) County of New York ) ss.: I, Carlton Nalty, being sworn, say: I am not a party to the action, am over 18 years of age and reside in Brooklyn, New York. On March 26, 2014,1 served the attached Order to Show Cause and Affirmation by delivering a true copy via federal express overnight delivery to Michael Rowe, of Blank Rome LLP, attorney for the Plaintiff at 405 Lexington Avenue, New York, NY Sworn to before me This 9th day ooipnl, 2014 Notary Po^d^ Cadton tfaftfy THClViAS A. h Notprv Pio.-u, StaLe of dew York yno 02HA6051d78 f/ Qualific-J in Westchester County, I/ Commissionmission Expires December 4, 20^

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3 UUEKK U3/26/Z014J NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 03/26/2014 PRESENT: HON. EILEEN BRANSTEN ISC ' ' HON. JUSTICE INTER WEB PRINTING INC. d/b/a TRANSCONTINENTAL PRINTING/ INTERWEB PRINTING, INC. At an IAS Part 3, of the Supreme Court of the State of New York, held in and for the County of New York located at 60 Centre Street, New York, New York, on 4ywJL^ Index No /2012 -against- OOP- Plaintiffs, TO SHOW CAUSE TO WITHDRAW AS COUNSEL BLUE HORIZON MEDIA, INC., and CARL RUDERMAN, Defendants. Upon the annexed Affirmation of Thomas Harvey dated March 25, 2014 and upon the prior pleadings and proceedings heretofore had herein, let the defendant CARL RUDERMAN show cause at IAS Part^_, RoomJT^At the Courthouse located at 60 Centre Street, New York, (\ A ps <V^ JV-^ NY on the \C) day of rw-^jl. 2014; why an Order should not be entered: (1) Pursuant to CPLR 321(b)(2) granting leave to Harvey & Hackett to withdraw as counsel for the Defendant in the above captioned action; and (2) And granting Defendant a stay of all proceedings in this action for a period of fortyfive (45) days from service of a copy of an order with Notice of Entry; and (3) For such other and further relief as to this Court may seem just and proper.

4 Let service of a copy of this Order to Show Cause, together with the papers upon which it is granted, upon the Defendant CARL RUDERMAN at his residence at NE 39th Place, ^ VJ-i /V<X cju&*r-f fv^~o*-^-^~ Tower Suite One, Aventura, Florida, 33180, via. Qx&e-^if^\Vj^KNdLlA «^- : and upon Blank Rome LLP, attorneys for the plaintiffs herein, at 405 Lexington Avenue, the Chrysler building, New York, NY 10174, o^-^v^a^yyvv^jl on or before the ^^T day of,2014, be deemed good and sufficient. Opposition papers are to be served by on Harvey & Hackett on or before the "7 day of JrW>_V, Pending & hearing with respoot-to the instant Order to Show Cause, all proceeding in the instant matter are stayed. ENTER: a paj Wi PROPER cfejf W\BS must be tste courtroom (442) by ipm J.S.C. HON. EfLEEN BRANSTEN J.S.C. \\JL O^-VJL/^" 'O'V J/~ (o O vjz_^v' ^> \,o^"^o--

5 (FILED; NEW YORK COUNTY CLERK 03/25/2014] NYSCEF DOC. NO. 22 INDEX NO /2012 RECEIVED NYSCEF: 03/25/2014 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK INTER WEB PRINTING INC. d/b/a TRANSCONTINENTAL PRINTING/ INTER WEB PRINTING, INC. Index No /2012 -against- Plaintiffs, AFFIRMATION IN SUPPORT BLUE HORIZON MEDIA, INC., and CARL RU DERM AN, Defendants. THOMAS HARVEY, an attorney duly admitted to practice law in the courts of the State of New York, hereby affirms the following statements to be true under the penalties of perjury: 1. I am a member of the law firm of Harvey & Hackett, the attorneys for the individual defendant CARL RUDERMAN ('-RUDERMAN") herein, and as such, am familiar with all the facts and proceedings heretofore had herein. 2. This Affirmation is respectfully submitted in support of instant application, which seeks an Order pursuant to Pursuant to CPLR 321(b)(2) permitting: (i) Harvey & Hackett to withdraw as attorneys for the defendant herein; (ii) to stay proceedings forty-five (45) days; and (iii) for such further relief as the Court seems just and proper. 3. On or about March 29, 2012, the firm of Harvey & Hackett was retained by Defendant RUDERMAN in connection with the above-referenced action on an emergency basis.

6 4. That the Defendant RUDERMAN contacted me and advised that he had received a copy of the summons and complaint with respect to the instant action was concerned that a default judgment would be taken against him. 5. That the Defendant RUDERMAN advised me that he had suffered significant financial troubles over the past several years and thought he would be forced to file a bankruptcy petition in the near future. 6. That I agreed only to file an answer on behalf of the Defendant RUDERMAN in the instant matter with the understanding that the Defendant RUDERMAN would be filing a bankruptcy petition. 7. That last week the Defendant RUDERMAN advised me that he did not have any funds to pay to defend the instant action. 8. That I told the Defendant RUDERMAN last week that I would move to withdraw from the instant litigation and he advised me that he understood and that he would either be filing a bankruptcy petition, anchor represent himself, and/or retain new counsel with respect to the instant matter. INSTANT LITIGATION 9. That the Plaintiff filed the instant action against (i) Blue Horizon Media Inc. ("Blue Horizon") alleging breach of contract claims and (ii) against the Defendant RUDERMAN alleging that he defrauded the Plaintiff into signing an amended agreement. 10. That on or about October 1, 2003, the Plaintiff and the corporate Defendant entered into an agreement whereby the Plaintiff would provide printing services to Blue Horizon (the "Agreement").

7 11. That the Amended Agreement has a standard merger clause that reads as follows: This Agreement contains a complete statement of all the arrangements between the parties with respect to subject matter, supersedes all previous agreements between them concerning that subject matter, and may not be changed except by a writing signed by both parties. 12. That in or about April, 2011, the Plaintiff refused to provide anymore printing services to Blue Horizon because of an outstanding balance of $639, for past due services. 13. That as a result of the foregoing, the Plaintiff and Blue Horizon entered into a written agreement that provided Blue Horizon would (i) prepay for any new printing services provided by the Plaintiff, (ii) and acknowledge the past due balance of $639, and pay the same off at $15, per month (the "Amended Agreement"). 14. That Blue Horizon thereafter made two (2) monthly payments to the Plaintiff of $15, each and then stopped paying. 15. That on or about August 2, 2011, the Plaintiff filed a Summons and Notice against Blue Horizon seeking $609, under Index No /2011 and subsequently alleged that "[wjishing to resolve the matter of this delinquent sum [outstanding balance of $639,075.12] without the need for litigation, [Plaintiff] and Blue Horizon executed the April 12, 2011 Agreement." (emphasis added). 16. That notwithstanding the foregoing, on or about February 1, 2012, the Plaintiff, being represented by the same counsel, filed the instant action under

8 Index No /2012, stating that the Defendant RUDERMAN had defrauded and somehow tricked the Plaintiff into executing the Amended Agreement. WITHDRAWAL 17. That the instant application should be granted in view of the fact that the attorney/client relationship between your affirmant and the Defendant has become strained due to serious financial difficulties on the part of the Defendant RUDERMAN, resulting in the inability of your affirmant to meaningfully represent the Defendant RUDERMAN. 18. That I would be willing to state my reasons in camera to this Court, so as not to prejudice the Defendant. However, our decision to be relieved as attorneys are consistent with all ethical considerations pursuant to which all attorneys must comport themselves. 19. That in the instant case, such lack of legal fees by the defendant has come about. Under these circumstances, I submit our firm should be relieved as counsel, and that a forty-five (45) day stay of all proceedings be entered to permit Defendant to either (i) file a bankruptcy petition, (ii) act as his own counsel, or (iii) seek alternate representation for the defense of this action. 20. That should the Court wish further documentation of these financial difficulties, counsel would be pleased to do so on an ex parte basis. 21. That no prejudice can come by this application being granted. 22. That the instant action is presently in the discovery stage, and we respectfully request that the Court stay these proceedings for forty-five (45) days in order

9 to afford the Defendant RUDERMAN sufficient time determine how to move forward with the proceedings. 23. No prior application for the relief requested herein has been made. WHEREFORE, it is respectfully requested that the within application be granted in its entirety of permitting the law firm of Harvey & Hackett to withdraw as counsel for Defendant; granting a forty-five (45) day stay of the proceedings; and for such and other further relief as this Court may seem just and proper. Dated: New York, New York March 25, 2014 Harvey & Hackett By: Thomas Harvey Attorneys for Defendant Carl Ruderman 420 Lexington Avenue Suite 2432 New York, NY To: Carl Ruderman NE39lh Place Tower Suite One Aventura, Fl Blank Rome LLP Attorneys for Plaintiff 405 Lexington Avenue New York, NY 10174