OFFICES OF EDWARD WEISSMAN 60 EAST 42"" STREET SUITE 557 NEW YORK, NEW YORK 10165

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1 LAW OFFICES OF EDWARD WEISSMAN 60 EAST 42"" STREET SUITE 557 NEW YORK, NEW YORK TELEPHONE (212) TELECOPIER (212) edweissman(%edweissmanlaw.com December 4, 2017 VIA FEDERAL EXPRESS and EOF Hon. Charles Wood Justice, Supreme Court, Westchester Supreme Courthouse 111 Dr. Martin Luther King, Jr., Blvd. White Plains, New York County- Dear Justice Wood: RE: Itria Ventures LLC v. Absolute Telugu, et al. Index No /17 I represent plaintiff I t r i a Ventures LLC in the above- action. referenced By Order dated October 26, 2017, the Court set this matter down for an evidentiary hearing on a limited issue. Copy enclosed. Counsel for defendants then filed a jury demand in connection with the evidentiary hearing. I called to counsel's attention that the underlying contracts contain a broad jury waiver. When counsel declined to withdraw the jury demand, I moved to strike the jury demand and that application is returnable on December 14, Counsel for defendants then prepared and sent tome a Stipulation striking the jury demand. See attached. I do not know i f his office filed i t with the Court. the i t. I am calling this to the Court's attention so that when motion is submitted to the Court, the Stipulation accompanies

2 Hon. Charles Wood December 4, 2017 I thank the Court for its time and,..-attention EW:pr Enclosures CC: Abel L. Pierre, Esq. (via ECF with end. Attorney for Defendants C:\COMPANY SHARED\WEISSMAN\YG\CUENTS\ITRIA VENTURES LLC\TELUGU, ET AL\HON.WOOD.ITRIA.V.ABSOLUTE.TELUGU.ET.AL..LTR DOC 2

3 [FILED: WESTCHESTER COUNTY CLERK 11/14/ /2017 NYSCEF DOC, NO. 24 RECEIVED NYSCEF: 11/14/2017 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF WESTCHESTER -x INDEX NO ITRIA VENTURES, LLC, Plaintiff, NOTICE OF ENTRY -against- ABSOLUTE TELEGU CUISINE D/B/A KITCHEN OF KUCHIPUDI, SATKAARA, LLC D/B/A WISGNEX and VIVEK GANTA, Defendants. -X STATE OF NEW YORK, COUNTY OF NEW YORK, ss.; PLEASE TAKE NOTICE that the attached is a true copy of an Order in this matt the Office of the Clerk of the Supreme Court of the State of New York, Westcheste Dated: November 13,2017 ABELL. PIERRE, ESQ. LAW OFFICE OF ABEL 1/PIERRE, PC 140 BROADWAY, 46 FLOOR NEW YORK, NEW YORK TEL: (212) TO: JONATHAN S. GITLIN. ESQ., 462 7* Avenue, 20* Floor New York, NY of 7

4 IFILED: WESTCHESTER COUNTY CLERK 11/14/ :38 AMi INDEX NO /2017 NY iwf^lefetcjihester CQTii?rHiirToy27y20i7 02:21 p^'^^'^^^^^mm^^^^^ft^^ NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 10/26/2017 To conwwpce (he QomiRiy time pcnod for appexlt i(uf imtit ICPLR >M3Ui)-»iw edvi»d to wvc jt vopv r>» thi* with notice of cotn-. uikw all psnici SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF WESTCHESTER. X ITRIA VENTURES, LLC, -against- Plaintiff. ABSOLUTE TELEGU CUISINE D/B/A KITCHEN OF KUCHIPUDI, SATKAARA, LLC D/B/A WISGNEX and VIVEK GANTA, DECISION & ORDER Index No.: 58133/2017 Sequence No. 1 Defendants. X WOOD, J. The following papers were read in connection with individual defendant V ("defendant") motion by order to show cause to vacate a confes.sion of judgme Defendant's Order to Show Cause, Counsel's Affirmation. Ganta's Affidavi PlaintifFs Arora Affidavit in Opposition. Exhibits. Memorandum of Law. Based upon the foregoing, the motion is decided as follows: On or about April 12, defendant and Absolute Telegu Cuisine d/b/a Kuchipudi ("Absolute") obtained a business loan from plaintiff in the amount Payment of said loan was governed by the Future Receivables Sales Agreement ( Agreement"). Defendant guaranteed said loan, and executed a confession of jud to be filed in the event of default on the loan. 1 1 of 5 2 of 7

5 COUNTY CLERK 11/14/2017 1Q:3S~1MI INDEX NO /2017 NYSGSF the. NO. 22 ' - _ _ ^, ^ S RECEIVED NYSCEF; 10/26/2017 Then, on May 3. 20!7., plamlifi'. deleiidadl and.absolute entered into an A the Agreeittenit that.states that when defendant pays plaintiff $4, wh remaining balance and for such consideniiion. defendant would be released as defendant wired said sunt to.plaintiff Accordingly, defehdant argises that upon his telease as guarantor, ther agreementto be perfornted and the Confe.ssion of juclgment was. null and void. plairtjlf filed the Cottfession of Judgment and entered judgment against defe 21)17, three weeks after defendant was sifegedly teleascd as a guarantor. Wh in law fef.entry of the Confession of Judgment is at issue here. Defendant argues thai the feee of the aoldavft of cottfcssfon of judgnic insdifarasil does:.n0t give sufficient defeil of the alleged debt,: and it do repayments were allocated, when/those payntents were made or when tltc allege occurred. Defendants also elatnt thai tlicy did not recei ve proper notice of judgment. PlaintilTasserts thaf aparlffomjhe defeult not having been eufed by de defendant Jraudulently induced plainti ff to: execute the Aniendnieirt, which valid considerafion. and defendants have participated in serious and ffaudttj defendant ever disclosed to plainiilt either that Absolute was in the process business to two other entities, nor even after the &ct. PlaintilT notes that defendants torn selling or transferring ftiture reeeivabtes to any other par 2 of 5 3 of 7

6 IFILED: WESTCHESTER COUNTY CLERK 11/14/ :38 AMi DEX NO /2017 NY, fe^ii^ dfest^hester CODNTY CLERK T g NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 10/26/2017 CPLR 3218 govern.s the use of judgments by confession and provides in pe "Judgment by confession, (a) Affidavit of defendant. Except as provi section thirty-two hundred one. a judgment by confession may be ente an action, either for money due or to become due. or to secure the a contingent liability in behalf of the defendant, or both, upon an executed by the delendant: 1. stating the sum for which judgment may be entered, authorizing th judgment, and stating the county where the defendant resides or if h resident, the county in which entry is authorized; 2. if the judgment to be confessed is for money due or to become due concisely the facts out of which the debt arose and showing that the confessed is justly due or to become due; and 3. if the judgment to be confessed is for the purpose of securing th against a contingent liability, stating concisely the facts constitu and showing that the sum confessed does not exceed the amount of th The affidavit is required "so that any party interested may be able the matters and thu.s ascertain whether the confession of judgment w honest and bona fide" (Weinstein v Pollack. 208 AD2d 615,617 [2d De An application to vacate a judgment by confession may be submitted by mo plenary action, depending upon the facts. Generally, "only a third-party judgm standing to question on motion the validity of a judgment by confession, and t debtor who seeks to attack such a judgment must proceed by plenary action" (Ci Poughkeep.sie v. Aibano. 122 AD2d 14 [2d Dept 1986]). Therefore, a person.see an affidavit of confession of judgment and to vacate a judgment entered thereo commence a plenary action for that relief, especially where there are facts ou affidavit conceming that the affidavit of confession of judgment was obtained overreach fl.r. Dean. Inc. v International Energy' Resources. Inc., 2 i 3 AD2d 1995]). CPLR 32l8[a]'is designed for the protection of third persons who migh 3 3 of 5 4 of 7

7 IFILED: WESTCHESTERCOUNTY CLERK 11/14/ :3rAMl EX NO /2017 ^Nyjij^agT-'teiSiisTOR COUNTY CLERK Efl^ijiLit --5^l3^-H&^^ NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 10/26/2017 the event that a collusively confessed judgment is entered, and not for the pr defendant" (Reeencv Club at Wallkili. LLC v Bienish. 95 AD3d 879 I2d Dept 2012]). Pursuant to CPLR a court has inherent, broad, discretionary jurisdi the enforcement of a money judgment (Guardian Loan Co. v Early. 47 NY2d 515 [1 Tarrvtown and North Tarrvtown Savings and Loan Assoc. v DePasquale and Kantrow Goldhamer P.C. v DePasquale, 249 AD2d 462 [1998]). No party herein raised an a plenary action. In light of the foregoing, an evidentiary hearing is ordered, as conflict supporting proof submitted by the respective parties raise factual and credibi cannot be resolved without said hearing. The court has considered the remainder of the factual and legal contentio and to the extent not specifically addressed herein, finds them to be either w rendered moot by other aspects of this decision. This constitutes the decision court. Accordingly, it is hereby: ORDERED, that decision in this matter shall be reserved pending an eviden that shall be held to address the issues raised herein; and until such time af hearing or upon further order of the court, the existing stays shall remain in further ORDERED, that defendant is directed to file a note of issue for the evide within 20 days of the date of this order: and it is further 4 of 5 5 of 7

8 IFILED: WESTCHESTER COUNTY CLERK 11/14/ :38 AM^ NO /2017 NTY'q.f;.mTJ-..wAfr...iMn..-,,, RECEXy D--MXS.C F,:. 11/14/ IFILED; WESTCHESTER COUNTY CLERK 10/27/ ; 21 Pia ^NDEX NO, 58133/2017 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 10/26/2017 ORDERED, that the parties shall appear in the Settlement Conference Part, 1600, on ^'*^*'^ at 9:15 A.M. to schedule a date for the evi hearing; and it is further ORDERED, that plaintiff shall serve a copy of this order with notice of en parties within ten (10) days of entry, and file proof of service on NYSCEF with service. Dated: October 26,2017 White Plains. New York CA HON, CHARLES D. WpOD Justice of the Supreme Court To: Edward Weisman Esq., Attorney for PlaintitT X 60 East 42"" Street, Suite 557 New York. New York Abel L. Pierre, Esq. Law Office of Abel L. Pierre. P.C. Attorney for Defendant Vivek Ganta 140 Broadway. 46"'Floor New York, New York of 5 6 of 7

9 IFILED: WESTCHESTER COUNTY CLERK 11/14/ :38 AMI ^NDEX NO /2017 ^NYSCEF DOC. NO. 24 ; RECEIVED NYSCEF: 11/14/2017 Index No.: Year: 2017 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF WESTCHESTER ITRIA VENTURES, LLC, ABSOLUTE TELUGU CUISINE D/B/A KITCHEN OF KUCHIPUDU, SATKAARA, LLC D/B/A WisGNEX AND VIVEK GANTA, Signature (Rule a) ABEL L. PIERRE, ESQ. Defendant Vivek Ganta LAW OFFICE OF ABEL L. PIERRE, PC 140 BROADWAY, 46 FLOOR NEW YORK, NY TEL: (212) FAX: (212) To Attomey{s) for Plaintiff PLEASE TAKE NOTICE: Service of a copy of the within is hereby admitted. Dated: NOTICE OF ENTRY that the within is a (certified) true copy of a order duly entered in the office of the clerk of the within named court on NOTICEOF SETTLEMENT that an order presented for settlement to the Hon. at on of which the within is a true copy will be One of the judges of the within named court, 20 at Dated: New York, New York Yours, etc. LAW OFFICE OF ABEL L. PIERRE, PC 7 of 7

10 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF WESTCHESTER X Index No.: 58133/2017 ITRIA VENTURES, LLC, Plaintiff, JOINT STIPULATION -against- WITHDRAWING JURY DEMAND ABSOLUTE TELUGU CUISINE D/B/A KITCHEN OF KUCHIPUDI, SATKAARA, LLC D/B/A WISGNEX and VIVEK GANTA, Defendants. X IT IS HEREBY STIPULATED AND AGREED by and between the undersigned attorneys for the parties that the in accordance with NY CPLR 4102(a), the pa withdrawal of the Jury Demand contained in the Note of Issue duly filed wi November 14, Dated: November 21, 2017 New York, New York Abel L. Pierre, Esq. /Xd^arcTjVei/smWf Esq. Law Office of Abel L. Pierre, PC ( Law Offices of Edward Weissman Attorneys for Defendant Vivek Ganta 60 East 42"" Street, Suite Broadway, 46* Floor New York, NY \w York, New York 101()5 V York 10165