FILED: NEW YORK COUNTY CLERK 12/19/ :17 PM INDEX NO /2012 NYSCEF DOC. NO. 241 RECEIVED NYSCEF: 12/19/2017

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1 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK STEPHEN MOLINARI, Index No.: /12 Plaintiff, 666 FIFTH RETAIL ASSOCIATES, LLC, 666 FIFTH ASSOCIATES, LLC, ABERCROMBIE 0 FITCH STORE, INC., HOLLISTER CO., UNIQLO USA LLC, UNIQLO DESIGN STUDIO, NEW YORK, INC., NOTICE OF WITHDRAWAL OF APPEAL SHAWMUT WOODWORKING & SUPPLY, TNC., d/b/a SHAWMUT DESIGN AND CONSTRUCTION and REACT INDUSTRIES, INC., Defendants. SHAWMUT WOODWORKING 4 SUPPLY, INC. d/b/a SHAWMUT DESIGN AND CONSTRUCTION, Third Party Plaintiff, Third-Party Index No. REACT INDUSTRIES, Third Party Defendant. REACT INDUSTRIES, Second Third Party Plaintiff, Second Third-Party Index No. F.R.P. SHEET METAL CONTRACTING CORP., Second Third Party Defendant. 666 FIFTH RETAIL ASSOCIATES, LLC, Third-Third Party Plaintiff, FSW NEW YORK LLC, Third- Third Party Defendant. -X 1 of 22

2 X SHAWMUT WOODWORKING & SUPPLY, INC. d/b/a SHAWMUT DESIGN AND CONSTRUCTION, Fourth-Third Party Plaintiff, DAL Electric Corp., Fourth 666 FIFTH ASSOCIATES, LLC, -Third Party Defendant. Fifth-Third Party Plaintiff, 666 FIFTH RETAIL ASSOCIATES, LLC, Fifth -Third Party Defendant. PLEASE TAKE NOTICE, that the Second Third-Party Defendant F.R.P. SHEET METAL CONTRACTING CORP., hereby withdraw, without prejudice, their Notice of Appeal (a copy of which is annexed hereto) to the Appellate Division, First Department, with respect to the Order of the Supreme Court, New York County (Joan M. Kenney) dated March 8, 2017, entered with the clerk of the court on March 15, 2017, and served with notice of entry on March 27, Dated: New York, New York December 18, 2017 Yours, etc. FABIANI COHEN 4 HALL, LLP / L(- L g$qqg ~ ) Andrew C. Wiener Attorneys for Second Third-Party Defendant F.R.P. SHEET METAL CONTRACT1NG CORP. 570 Lexington Avenue, 4th Floor New York, New York (212) [ /1] 2 of 22

3 TO: SACKS & SACKS, LLP Attorney for Plaintiff 150 Broadway, 4th Floor LAW OFFICES OF TOBIAS & KUHN Attorneys for Defendant/Third Third-Party Plaintiff/ Fifth Third-Party Defendant 666 FIFTH RETAIL ASSOCIATES, LLC 100 William Street, Suite 920 (212) HANNUM FERETIC PRENDERGAS & MERLINO LLC Attorney for Defendant/ Fifth Third-Party Plaintiff 666 FIFTH ASSOCIATES, LLC 55 Broadway New York, New York (212) ROPERS MAJESKI KOHN & BENTLEY Attorney for Defendants ABERCROMBIE & FITCH STORES, INC and HOLLISTER CO. 750 Third Avenue, 25th Floor (212) HOEY KING EPSTEIN PRESZIOSO & MARQUEZ Attorney for Defendant UNIQLO USA LLC 55 Water Street, 29th Floor New York, New York CONWAY GOREN & BRANDMAN Attorney for Defendant/First Third Party Plaintiffs SHAWMUT WOODWORKING & SUPPLY, INC., d/b/a SHAWMUT DESIGN AND CONSTRUCTION 58 South Service Road, Suite 350 Melville, New York (631) WILSON ELSER MOSKOWITZ EDELMAN & DICKER LLP Attorneys for Defendant/First Third Party Defendants/Second Third-Party Plaintiff REACT INDUSTRIES, INC. 150 East 42nd Street, 23rd Floor (212) [ /I] 3 of 22

4 COZEN O' O'CONNOR Attorneys for Third Third-Party Defendant FSF NEW YORK, LLC 45 Broadway New York, New York (212) AHMUTY DEMERS & McMANUS Attorneys for Fourth Third-Party Defendant DAL Electrical Corp. 199 Water Street, 16th New York, NY (212) Flr. [ /1] 4 of 22

5 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK X X STEPHEN MOLINARI, Index No.: /12 Plaintiff, NOTICE OF APPEAL 666 FIFTH RETAIL ASSOCIATES, LLC, 666 FIFTH ASSOCIATES, LLC, ABERCROMBIE 66 FITCH STORE, INC., HOLLISTER CO., UNIQLO USA LLC, UNIQLO DESIGN STUDIO, NEW YORK, INC., SHAWMUT WOODWORKING & SUPPLY, INC., d/b/a SHAWMUT DESIGN AND CONSTRUCTION and REACT INDUSTRIES, INC., Defendants X X SHAWMUT WOODWORKING & SUPPLY, INC. d/b/a SHAWMUT DESIGN AND CONSTRUCTION, Third Party Plaintiff, Third-Party Index No. REACT INDUSTRIES, Third Party Defendant X REACT INDUSTRIES, X Second Third Party Plaintiff, Second Third-Party Index No. F.R.P. SHEET METAL CONTRACTING CORP., Second Third Party Defendant. X 666 FIFTH RETAIL ASSOCIATES, LLC, Third-Third Party Plaintiff, FSW NEW YORK LLC, Third- Third Party Defendant. â â â â â â â â â â â â â â â â â â â â - â â â - â -X 5 of 22

6 X SHAWMUT WOODWORKING & SUPPLY, INC. d/b/a SHAWMUT DESIGN AND CONSTRUCTION, Fourth-Third Party Plaintiff, DAL Electric Corp., 666 FIFTH ASSOCIATES, LLC, Fourth -Third Party Defendant. Fifth-Third Party Plaintiff, 666 FIFTH RETAIL ASSOCIATES, LLC, x Fifth -Third Party Defendant. PLEASE TAKE NOTICE, that Second Third-Party Defendant F.R.P. SHEET METAL CONTRACTING CORP., hereby appeals to the Appellate Division, First Department, from the Decision and Order of the Honorable Joan M. Kenney, J.S.C., Supreme Court, New York County, dated March 8, 2017 (entered in the office of the Clerk of the Supreme Court of the State of New York, County of New York, on March 15, 2017), and served with notice of entry on March 27, 2017, which, among other things, denied Second Third-Party Defendant F.R.P. SHEET METAL CONTRACTING CORP.'s motion to change the venue of the trial of this action from Supreme Court, New York County, to Supreme Court, Suffolk County. Defendants appeal from each and every part of said Decision and Order, including the law and the facts. Copies of the Decision and Order appealed from with Notice of Entry are annexed hereto. Dated: New York, New York March 27, 2017 [ /1] 6 of 22

7 Yours, etc. FABIANI COHEN & HALL, LLP Andrew C. Wiener Attorneys for Second Third-Party Defendant F.R.P. SHEET METAL CONTRACTING CORP, 570 Lexington Avenue, 4th Floor New York, New York TO: SACKS & SACKS, LLP (212) Attorney for Plaintiff 150 Broadway, 4th Floor LAW OFFICES OF TOBIAS & KUHN Attorneys for Defendant/Third Third-Party Plaintiff/ Fifth Third-Party Defendant 666 FIFTH RETAIL ASSOCIATES, LLC 100 William Street, Suite 920 (212) HANNUM FERETIC PRENDERGAS & MERLINO LLC Attorney for Defendant/ Fifth Third-Party Plaintiff 666 FIFTH ASSOCIATES, LLC 55 Broadway New York, New York (212) ROPERS MAJESKI KOHN & BENTLEY Attorney for Defendants ABERCROMBIE & FITCH STORES, INC and HOLLISTER CO. 750 Third Avenue, 25th Floor (212) HOEY KING EPSTEIN PRESZIOSO & MARQUEZ Attorney for Defendant UNIQLO USA LLC 55 Water Street, 29th Floor New York, New York [ /1j CONWAY GOREN & BRANDMAN Attorney for Defendant/First Third Party Plaintiffs SHAWMUT WOODWORKING & SUPPLY, INC., d/b/a SHAWMUT DESIGN AND CONSTRUCTION 58 South Service Road, Suite 350 Melville, New York (631) of 22

8 WILSON ELSER MOSKOWITZ EDELMAN & DICKER LLP Attorneys for Defendant/First Third Party Defendants/Second Third-Party Plaintiff REACT INDUSTRIES, INC. 150 East 42nd Street, 23rd Floor (212) COZEN O' O'CONNOR Attorneys for Third Third-Party Defendant FSF NEW YORK, LLC 45 Broadway New York, New York (212) AHMUTY DEMERS & McMANUS Attorneys for Fourth Third-Party Defendant DAL Electrical Corp. 16* 199 Water Street, 16 Flr. New York, NY (212) [ /1] 8 of 22

9 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK STEPHEN MOLINARI, Index No.: /12 Plaintiff, ORDER WITH NOTICE OF ENTRY 666 FIFTH RETAIL ASSOCIATES, LLC, 666 FIFTH ASSOCIATES, LLC, ABERCROMBIE 86 FITCH STORE, INC., HOLLISTER CO., UNIQLO USA LLC, UNIQLO DESIGN STUDIO, NEW YORK, INC., SHAWMUT WOODWORKING & SUPPLY, INC., d/b/a SHAWMUT DESIGN AND CONSTRUCTION and REACT INDUSTRIES, INC., Defendants X SHAWMUT WOODWORKING & SUPPLY, INC. d/b/a SHAWMUT DESIGN AND CONSTRUCTION, Third Party Plaintiff, Third-Party Index No. REACT INDUSTRIES, Third Party Defendant X REACT INDUSTRIES, Second Third Party Plaintiff, Second Third-Party Index No. F.R.P. SHEET METAL CONTRACTING CORP., Second Third Party Defendant. 666 FIFTH RETAIL ASSOCIATES, LLC, Third-Third Party Plaintiff, FSW NEW YORK LLC, Third- Third Party Defendant. -X 9 of 22

10 X SHAWMUT WOODWORKING & SUPPLY, INC. d/b/a SHAWMUT DESIGN AND CONSTRUCTION, Fourth-Third Party Plaintiff, DAL Electric Corp., X 666 FIFTH ASSOCIATES, LLC, Fourth -Third Party Defendant. Fifth-Third Party Plaintiff, 666 FIFTH RETAIL ASSOCIATES, LLC, Fifth -Third Party Defendant X PLEASE TAKE NOTICE, that annexed hereto is a true copy of the Order of the Honorable Joan M. Kenney, Justice of the New York Supreme Court, County of New York, dated March 8, 2017, and entered in the office of the Clerk of the Supreme Court of the State of New York, County of New York, on March 15, Dated: New York, New York March 27, 2017 Yours, etc. FABIANI COHEN & HALL, LLP Andrew C. Wiener Attorneys for Second Third-Party Defendant F.R.P. SHEET METAL CONTRACTING CORP. 570 Lexington Avenue, 4th Floor New York, New York (212) TO: SACKS & SACKS, LLP Attorney for Plaintiff 150 Broadway, 4th Floor [I i72174/1] 10 of 22

11 LAW OFFICES OF TOBIAS & KUHN Attorneys for Defendant/Third Third-Party Plaintiff/ Fifth Third-Party Defendant 666 FIFTH RETAIL ASSOCIATES, LLC 100 William Street, Suite 920 (212) HANNUM FERETIC PRENDERGAS & MERLINO LLC Attorney for Defendants/ Fifth Third-Party Plaintiff 666 FIFTH ASSOCIATES, LLC 55 Broadway New York, New York (212) ROPERS MAJESKI KOHN & BENTLEY Attorney for Defendants ABERCROMBIE & FITCH STORES, INC and HOLLISTER CO. 750 Third Avenue, 25th Floor (212) HOEY KING EPSTEIN PRESZIOSO & MARQUEZ Attorney for Defendants UNIQLO USA LLC 55 Water Street, 29th Floor New York, New York CONWAY GOREN & BRANDMAN Attorney for Defendants/First Third Party Plaintiffs SHAWMUT WOODWORKING & SUPPLY, INC., d/b/a SHAWMUT DESIGN AND CONSTRUCTION 58 South Service Road, Suite 350 Melville, New York (631) WILSON ELSER MOSKOWITZ EDELMAN & DICKER LLP Attorneys for Defendant/First Third Party Defendants/Second Third-Party Plaintiff REACT INDUSTRIES, INC. 150 East 42nd Street, 23rd Floor (212) [ / j ] COZEN O' O'CONNOR Attorneys for Third Third-Party Defendant FSF NEW YORK, LLC 45 Broadway New York, New York (212) of 22

12 AHMUTY DEMERS & McMANUS Attorneys for Fourth Third-Party Defendant DAL Electrical Corp. 199 Water Street, 16"' Fir. New York, NY (212) [ /I ] 12 of 22

13 F I L E D : NE W Y O R K COUNTY C L E RK 03 / 15 / : 1 4 $ INDEX NO / NYSCEF DOC. NO. 211 RECEIVED.NYSCEF: 03/15/2017 SUPRE ME COURT OF THE STAT E OF NEW YORK. NEW YORK COUNTY PRESENT: ~UIlau.> ~ UrITT/M. > ~Iu.~ OAhen JOAN M.. KENNkY JusUce.s.c. vi7~' LN' ~CgL0'VIT~ cgw ~t PART ~hs.~ INDEX.NO. I T/ %0/ &.v- MOTION DATE MOTION SEQ. NO. The following papers, numbered 1 to _, were read on this motion to/for Notice of Motion/Order to Show Cause - Affidavits -- Exhibits No(s). Answering Affidavits - Exhibits )/ No(s). Replying AffidavIts )I No(s). 'I Upon the foregoing papers, It la ordered that this motion is It is hereby ORDERED that movant(s) application to change venue out of concern for plaintiff, is denied. Justice Coin addressed plaintiff's concerns by Order dated 2/26/216 and at this juncture moving this action would prejudice all parties considering that its been pending here in this Court since O I- 0 tx Z w Ol W g 0 R g 0 w Dated: JOAN NI. KENNEY, J.S.C. 1. CHECK ONE:... 0 CASE DISPOSED O ÎL DISPOSITION 2, CHECK AS APPROPRIATE:...MOTION IS: 0 GRANTED O DENIED 0 GRANTED IN PART Q OTHER 3. CHECK IF APPROPRIATE:...,...,,... 0 SETTLE ORDER U SUBMIT ORDER Q DO NOT.POST FIDUCIARY APPOINTMENT 0 REFERENCE 13 of 22

14 Molinari v. Crown Acquisitions NY LLC, ct al. Index No.: /l2 Our File Number: AFFIDAVIT OF SERVICE VIA E-FILING and REGULAR MAIL STATE OF NEW YORK ) ) ss.: COUNTY OF NEW YORK ) BAR.BARA MALDONADO, being duly sworn, says: I am not a party to this action, am over 18 years of age and reside in Queens County, State of New York. On the 27th day of March 2017, I served the within: Upon: ORDER WITH NOTICE OF ENTRY SACKS & SACKS, LLP LAW OFFICES OF TOBIAS & KUHN Attorneys for Attorneys for Defendant/Third Third-Party Plaintiff PLAINT1FF 666 FIFTH RETAIL ASSOCIATES, LLC 150 Broadway, 4th Floor 100 William Street, Suite 920 New York, New York HANNUM FBRETIC PRENDERGAS & MERLINO LLC ROPERS MAJESKI KOHN & BENTLEY Attorney for Defendants Attorney for Defendants 666 FIFTH ASSOCIATES, LLC ABERCROMBIE & FITCH STORES, INC. 55 Broadway and HOLLISTER CO. New York, New York Third Avenue, 25th Floor HOEY KING EPSTEIN PRESZIOSO & MARQUEZ CONWAY GOREN & BRANDMAN Attorney for Defendants Attorney for Defendants/Third Party Plaintiffs UNIQLO USA LLC SHAWMUT WOODWORKING & SUPPLY, INC. d/b/a 55 Water Street, 29th Floor SHAWMUT DESIGN AND CONSTRUCTION New York, New York South Service Road, Suite 350 Melville, New York O' WILSON ELSER MOSKOWITZ EDELMAN & DICKER LLP COZEN O'CONNOR Attorneys for Defendant/Third Party Defendants/Second Third-Party Attorneys for Third Third-Party Defendant Plaintiff FSF NEW YORK, LLC REACT INDUSTRIES, INC. 45 Broadway 150 East 42nd Street, 23rd Floor New York, New York AHMUTYDEMERS& MCMANUS Attorneys for Fourth Third-Party Defendant DAL ELECTRICAL CORP. 199 Water Street, 16th Floor at the address designated by said attorneys for that purpose by depositing a true copy of said enclosed in a postpaid, properly addressed wrapper, in an official depository under the exclusive care and custody of the United States Postal Service within the State of New York AND on the Supreme Court, State of New York, County of New York's Electronic Filing Website. ~(pv+~) QXZ J6:dk os''""h½, BARBARA MALDONADO Sworn to before me this f E We'/4 "p>.." 7th day of a ch (t'o7:s ". ' << ', J,; [ /I] ry Q ' Quc' QV.,I/p~<J~~l Ie9 j/ a /a co/i cot/ryr~.4 nl ~ Vl lti Ittl E V4 rr ~ e 14 of 22

15 Molinari v. Crown Acquisitions NY LLC, et al. Index No.: /12 Our File Number: AFFIDAVIT OF SERVICE VIA E-FILING and REGULAR MAIL STATE OF NEW YORK ) ) ss.: COUNTY OF NEW YORK ) BARBARA MALDONADO, being duly sworn, says: I am not a party to this action, am over 18 years of age and reside in Queens County, State ofnew York. On the 27th day of March within,' 2017, I served the within: Upon: NOTICE OF APPEAL SACKS & SACKS, LLP LAW OFFICES OF TOBIAS & KUHN Attorneys for Attorneys for Defendant/Third Third-Party Plaintiff PLAINTIFF 666 FIFTH RETAIL ASSOCIATES, LLC 150 Broadway, 4th Floor 100 William Street, Suite 920 New York, New York HANNUM FERETIC PRENDERGAS & MERLINO LLC ROPERS MAJESKI KOHN & BENTLEY Attorney for Defendants Attorney for Defendants 666 FIFTH ASSOCIATES, LLC ABERCROMBIE & FITCH STORES, INC, 55 Broadway and HOLLISTER CO. New York, New York Third Avenue, 25th Floor HOEY KING EPSTEIN PRESZIOSO & MARQUEZ CONWAY GOREN & BRANDMAN Attorney for Defendants Attorney for Defendants/Third Party Plaintiffs UNIQLO USA LLC SHAWMUT WOODWORKING & SUPPLY, INC. d/b/a 55 Water Street, 29th Floor SHAWMUT DESIGN AND CONSTRUCTION New York, New York South Service Road, Suite 350 Melville, New York O' WILSON ELSER MOSKOWITZ EDELMAN & DICKER LLP COZEN O'CONNOR Attorneys for Defendant/Third Party Defendants/Second Third-Party Attorneys for Third Third-Party Defendant Plaintiff FSF NEW YORK, LLC REACT INDUSTRIES, INC. 45 Broadway 150 East 42nd Street, 23rd Floor New York, New York AHMUTY DEMERS & MCMANUS Attorneys for Fourth Third-Party Defendant DAL ELECTRICAL CORP. 199 Water Street, 16th Floor ALL PARTIES AS APPEARING ON THE SUPREME COURT, STATE OF NEW YORK ELECTRONIC FILING WEBSITE Sworn to before me this.27th day of March 2 u~ ) ~Fgulri BARBARA MALDONADO Notary /1 I ] Public JOANNE BLAIR Notary Public, State of New York No. 028L Qualified in Westchester Coun ~ Cornrnission Expires 06/09/20~ 15 of 22

16 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK X STEPHEN MOLINARI, Index No.: /12 Plaintiff, PRE-ARGUMENT STATEMENT 666 FIFTH RETAIL ASSOCIATES, LLC, 666 FIFTH ASSOCIATES, LLC, ABERCROMBIE & FITCH STORE, INC., HOLLISTER CO., UNIQLO USA LLC, UNIQLO DESIGN STUDIO, NEW YORK, INC., SHAWMUT WOODWORKING & SUPPLY, INC., d/b/a SHAWMUT DESIGN AND CONSTRUCTION and REACT INDUSTRIES, INC., Defendants. SHAWMUT WOODWORKING & SUPPLY, INC. d/b/a SHAWMUT DESIGN AND CONSTRUCTION, Third Party Plaintiff, Third-Party Index No. REACT INDUSTRIES, Third Party Defendant X REACT INDUSTRIES, Second Third Party Plaintiff, Second Third-Party Index No. F.R.P. SHEET METAL CONTRACTING CORP., Second Third Party Defendant X X 666 FIFTH RETAIL ASSOCIATES, LLC, Third-Third Party Plaintiff, FSW NEW YORK LLC, Third-Third Party Defendant. - â - - -X 16 of 22

17 SHAWMUT WOODWORKING & SUPPLY, INC. d/b/a SHAWMUT DESIGN AND CONSTRUCTION, X Fourth-Third Party Plaintiff, DAL Electric Corp., 666 FIFTH ASSOCIATES, LLC, Fourth -Third Party Defendant. Fifth-Third Party Plaintiff, 666 FIFTH RETAIL ASSOCIATES, LLC, 1. TITLE OF ACTION: Fifth -Third Party Defendant. As set forth in the above caption. 2. FULL NAMES OF ORIGINAL PARTIES AND ANY CHANGE IN THE PARTIES: The parties are plaintiff STEPHEN MOLINARI; Defendant/Third Third-Party Plaintiff/Fifth Third-Party Defendant 666 FIFTH RETAIL ASSOCIATES, LLC; Defendant/Fifth Third-Party Plaintiff 666 FIFTH ASSOCIATES, LLC; Defendants ABERCROMBIE & FITCH STORES, INC and HOLLISTER CO.; Defendant UNIQLO USA LLC; Defendant/First Third Party Plaintiff SHAWMUT WOODWORKING & SUPPLY, INC., d/b/a SHAWMUT DESIGN AND CONSTRUCTION; Defendant/First Third Party Defendant/Second Third- Party Plaintiff REACT INDUSTRIES, INC.; Second Third-Party Defendant F.R.P. SHEET METAL CONTRACTING CORP., Third Third-Party Defendant FSF NEW YORK, LLC; Fourth Third-Party Defendant DAL Electrical Corp. 3. NAME, ADDRESS AND TELEPHONE NUMBER OF COUNSEL FOR APPELLANT: FA.BIANI COHEN & HALL, LLP Attorneys for Second Third-Party Defendant F.R.P. SHEET METAL CONTRACTING CORP. 4th 570 Lexington Avenue, FlOOr New York, New York (212) [1172 j 87/1] 17 of 22

18 4. NAME, ADDRESS AND TELEPHONE NUMBER OF COUNSEL FOR RESPONDENTS: SACKS & SACKS, LLP Attorney for Plaintiff 150 Broadway, 4th Floor LAW OFFICES OF TOBIAS & KUHN Attorneys for Defendant/Third Third-Party Plaintiff/ Fifth Third-Party Defendant 666 FIFTH RETAIL ASSOCIATES, LLC 100 William Street, Suite 920 (212) HANNUM FERETIC PRENDERGAS & MERLINO LLC Attorney for Defendant/ Fifth Third-Party Plaintiff 666 FIFTH ASSOCIATES, LLC 55 Broadway New York, New York (212) ROPERS MAJESKI KOHN & BENTLEY Attorney for Defendants ABERCROMBIE & FITCH STORES, INC and HOLLISTER CO. 750 Third Avenue, 25th Floor (212) HOEY KING EPSTEIN PRESZIOSO & MARQUEZ Attorney for Defendant UNIQLO USA LLC 55 Water Street, 29th Floor New York, New York CONWAY GOREN & BRANDMAN Attorney for Defendant/First Third Party Plaintiff SHAWMUT WOODWORKING & SUPPLY, INC., d/b/a SHAWMUT DESIGN AND CONSTRUCTION 58 South Service Road, Suite 350 Melville, New York (631) WILSON ELSER MOSKOWITZ EDELMAN & DICKER LLP Attorneys for Defendant/First Third Party Defendant/Second Third-Party Plaintiff REACT INDUSTRIES, INC. 150 East 42nd Street, 23rd Floor (212) [ /1] 18 of 22

19 COZEN O' O'CONNOR Attorneys for Third Third-Party Defendant FSF NEW YORK, LLC 45 Broadway New York, New York (212) AHMUTY DEMERS & McMANUS Attorneys for Fourth Third-Party Defendant DAL Electrical Corp Water Street, New York, NY (212) Flr. 5. COURT AND COUNTY FROM WHICH APPEAL IS TAKEN: Supreme Court of the State of New York, New York County 6. THE NATURE OF THE CAUSE OF ACTION: This is a personal injury Labor Law action wherein the plaintiff seeks damages for personal injuries allegedly sustained when he claims to have fallen from a ladder. Negligence and violations of Labor Law 200, 240 and 241(6) are alleged. 7. RESULT REACHED IN THE COURT BELOW: The court below, per the Honorable Joan M. Kenney, in a March 8, 2017 Decision and Order regarding Second Third-Party Defendant F.R.P. SHEET METAL CONTRACTING CORP.'s motion to change the venue of the trial of this action, which, among other things, denied Second Third-Party Defendant F.R.P. SHEET METAL CONTRACTING CORP.'s motion to change the venue of the trial of this action from Supreme Court, New York County, to Supreme Court, Suffolk County. Second Third-Party Defendant F.R.P. SHEET METAL CONTRACTING CORP., appeal from each and every part of said Decision and Order, including the law and the facts. 8. ISSUES PRESENTED FOR APPEAL: The issues to be raised on appeal include but are not limited to the following: Did the court below abuse its discretion and err as a matter of law in: (1) Denying Second Third-Party Defendant F.R.P. SHEET METAL CONTRACTING CORP.'s motion to change the venue of the trial of this action from Supreme Court, New York County, to Supreme Court, Suffolk County, and (2) such other and further issues as the Record on Appeal may reveal. [ I I 72187/] ] 19 of 22

20 9. RELATED ACTIONS There are no related actions. 10. OTHER APPEALS PENDING There are no other appeals pending. Dated: New York, New York March 27, 2017 Yours, etc. FABIANI COHEN & HALL, LLP Zc'- -~-â Andrew C. Wiener Attorneys for Second Third-Party Defendant SHEE'I' F.R.P. SHEET METAL CONTRACTING CORP. 570 Lexington Avenue, 4th Floor New York, New York (212) TO: SACKS & SACKS, LLP Attorney for Plaintiff 150 Broadway, 4th Floor LAW OFFICES OF TOBIAS & KUHN Attorneys for Defendant/Third Third-Party Plaintiff/ Fifth Third-Party Defendant 666 FIFTH RETAIL ASSOCIATES, LLC 100 William Street, Suite 920 (212) HANNUM FERETIC PRENDERGAS & MERLINO LLC Attorney for Defendant/ Fifth Third-Party Plaintiff 666 FIFTH ASSOCIATES, LLC 55 Broadway New York, New York (212) ROPERS MAJESKI KOHN & BENTLEY Attorney for Defendants ABERCROMBIE & FITCH STORES, INC and HOLLISTER CO. 750 Third Avenue, 25th Floor (212) ( /1] 20 of 22

21 HOEY KING EPSTEIN PRESZIOSO & MARQUEZ Attorney for Defendant UNIQLO USA LLC 55 Water Street, 29th Floor New York, New York CONWAY GOREN & BRANDMAN Attorney for Defendant/First Third Party Plaintiff SHAWMUT WOODWORKING & SUPPLY, INC., d/b/a SHAWMUT DESIGN AND CONSTRUCTION 58 South Service Road, Suite 350 Melville, New York (631) WILSON ELSER MOSKOWITZ EDELMAN & DICKER LLP Attorneys for Defendant/First Third Party Defendant/Second Third-Party Plaintiff REACT INDUSTRIES, INC. 150 East 42nd Street, 23rd Floor (212) COZEN O' O'CONNOR Attorneys for Third Third-Party Defendant FSF NEW YORK, LLC 45 Broadway New York, New York (212) AHMUTY DEMERS & McMANUS Attorneys for Fourth Third-Party Defendant DAl, Electrical Corp 16th 199 Water Street, New York, NY (212) Flr. [ /1] 21 of 22

22 Molinari v Crown Acquisitions NY ILC, et al Index No.: /12 Our Pile Number: 736,37180 AFFIDAVIT OF SERVICE VIA E-FILING and REGULAR MAIL STATEOFNEW YORK ) ) ss.: COUNTY OF NEW YORK ) BARBARA MALDONADO, being duly sworn, says: I am not a party to this action, am over 18 years of age and reside in Queens County, State ofnew York. On the 27th day of March 2017, I served the within: Upon: PRE-ARGUMENT STATEMENT SACKS & SACKS, LLP LAW OFFICES OF TOBIAS & KUHN Attorneys for Attorneys for Defendant/Third Third-Party Plaintiff PLAINTIFF 666 FIFTH RETAIL ASSOCIATES, LLC 150 Broadway, 4th Floor 100 William Street, Suite 920 New York, New York HANNUM FERETIC PRENDERGAS & MERLINO LLC ROPERS MAJESKI KOHN & BENTLEY Attorney for Defendants Attorney for Defendants 666 FlUTH ASSOCIATES, LLC ABERCROMBIE & FITCH STORES, INC. 55 Broadway and HOLLISTER CO. New York, New York Third Avenue, 25th Floor HOEY KING EPSTEIN PRESZIOSO & MARQUEZ CONWAY GOREN & BRANDMAN Attorney for Defendants Attorney for Defendants/Third Party Plaintiffs UN1QLO USA LLC SHAWMUT WOODWORKING & SUPPLY, INC. d/b/a 55 Water Street, 29th Floor SHAWMUT DESIGN AND CONSTRUCTION New York, New York South Service Road, Suite 350 Melville, New York O' WILSON ELSER MOSKOWITZ EDELMAN & DICKER LLP COZEN O'CONNOR Attorneys for Defendant/Third Party Defendants/Second Third-Party Attorneys for Third Third-Party Defendant Plaintiff FSF NEW YORK, LLC REACT INDUSTRIES, INC. 45 Broadway 150 East 42nd Street, 23rd Floor New York, New York AHMUTY DEMERS & MCMANUS Attorneys for Fourth Third-Party Defendant DAL ELECTRICAL CORP. 199 Water Street, 16th Floor ALL PARTIES AS APPEARING ON THE SUPREME COURT, STATE OF NEW YORK ELECTRONIC FILING WEBSITE Sworn to before me this /77III day of March )l7 ( BARBAR MALDONADO,)J f O,./'/ JOANNE BLAIR Notary Public, State of New York. No. 02BL Notary Pubhe Qualified in Westchester Count Comrnialon Expires 06/09/20 [ /]1 22 of 22