FILED: NEW YORK COUNTY CLERK 12/21/2012 INDEX NO /2012 NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 01/04/2013

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1 FILED: NEW YORK COUNTY CLERK 12/21/2012 INDEX NO /2012 NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 01/04/2013 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK x UNI-RTY CORPORATION and GOLDEN PLAZA LIMITED PARTNERSHIP, : Index No / against- Petitioners NEW YORK, GUANGDONG FINANCE, INC.; : AFFIRMATION GUANGDONG BUILDING, INC.; THE ESTATE OF JOSEPH CHU; ALEXANDER CHU; CENTRE PLAZA, L.L.C.; EASTBANK, NIA.; CHINA CONSTRUCTION BANK, AGRICULTURAL BANK OF CHINA, Respondents, SHERIFF OF NEW YORK COUNTY Additional Respondent X AFFIRMATION OF MICHAEL A. BLASIE IN SUPPORT OF RESPONDENTS' MOTION TO DISMISS THE VERIFIED COMPLAINT Michael A. Blasie, an attorney duly admitted to practice law before the Courts of New York State, affirms under penalty of perjury as follows: 1. I am an associate at the law firm Cooley LLP, attorneys for respondents Guangdong Building, Inc., The Estate of Joseph Chu, Alexander Chu, Centre Plaza, L.L.C., and Eastbank, N.A. 2. Attached as Exhibit A is a true and correct copy of the Verified Petition filed in the above-captioned case. 3. Attached as Exhibit B is a true and correct copy of a document titled "Contract of Sale and Leaseback With Option to Repurchase" admitted as Joint Exhibit 1 in the July 2009

2 jury trial of Uni-RTY Corp., et al v. Guangdong Building, Inc., et a!, 95 Civ (GBD) (S.D.N.Y.). 4. Attached as Exhibit C is a true and correct copy of the civil docket as of December 16, 2012 for the case captioned Uni-Rty Corp., et a! v. Guangdong Building, et a!, 95-cv (GBD), pending before the United States District Court for the Southern District of New York.. 5. Attached as Exhibit D is a true and correct copy of the appellate docket as of December 16, 2012 for the case captioned Uni-Rty Corp., et al v. Guangdong Building, et 09- a!, 3559-cv, pending before the United States Court of Appeals for the Second Circuit. 6. Attached as Exhibit E is a true and correct copy of the complaint filed in the case captioned Uni-RTY Corp., et al v. Guangdong Building, Inc., et Index a!, No /2012 (Sherwood, J), pending before the Commercial Division of the Supreme Court of the State of New York, County of New York, 7. Attached as Exhibit F is a true and correct copy of the civil docket as of December 19, 2012 in the case captioned Uni-RTY Corp., et a! v. Guangdong Building, Inc., et Index a!, No /2012 (Sherwood, J), pending before the Commercial Division of the Supreme Court of the State of New York, County of New York. 8. Attached as Exhibit G is a true and correct copy of the transcript of a hearing held on December 4, 2012 in the case captioned Uni-RTY Corp., et a! v. Guangdong Building, Inc., et al, Index No /2012 (Sherwood, J), pending before the Commercial Division of the Supreme Court of the State of New York, County of New York. 9. Attached as Exhibit H is a true and correct copy of the civil docket as of March 16, 2012 in the case captioned China Construction Bank, Guangdong Branch, et al v. New York

3 Guangdong Finance, Inc., et al, Index No /2002 (Ramos, J.), pending before the Supreme Court of the State of New York, County of New York. 10. Attached as Exhibit I is a true and correct copy of the civil docket as of March 16, 2012 in the case captioned China Construction Bank, Guangdong Branch, et al v. Lawrence Wong, et al, Index No (Halbach, J.), pending before the District Court for Harris County, Texas. 11. Attached as Exhibit J is a true and correct copy of an order issued December 12, 2012 in the case captioned Uni-RTY Corp., et al v. Guangdong Building, Inc., et Index al, No /2012 (Sherwood, J), pending before the Commercial Division of the Supreme Court of the State of New York, County of New York. 12.According to its homepage (available at the New York Department of State Division of Corporations, State Records, and Uniform Commercial Code (the "Division of State Records") "examines, files, and maintains numerous documents vital to business and state government including state and local laws, oaths of office, trademarks, certificates of incorporation, and Uniform Commercial Code Article 9 financing statements. The Division is also responsible for the authentication of public documents for use in other countries." 13.Attached as Exhibit K is a true and correct copy of a letter dated September 10, 2012 from attorney Paul Batista to the Honorable Judge George B. Daniels. 14.Attached as Exhibit L is a true and correct copy of the results from a search performed for "UNI-RTY CORP. on December 16, 2012 through the Division of State Records' online Corporate and Business Entity Database.

4 15.On the afternoon of March 21, 2012 I went to the New York County Clerk's office located at 60 Centre Street in Room 109B. I requested to view the file for the entity "Golden Plaza Limited Partnership." The office permitted me to view the file, and provided me with certified copies of all documents contained in the file. Attached as Exhibit M is a true and correct copy of the entire contents of that file. 16.Attached as Exhibit N is a true and correct copy of the results from a search performed for "GOLDEN PLAZA, INC." on December 16, 2012 through the Division of State Records' online Corporate and Business Entity Database. 17.Attached as Exhibit 0 is a true and correct copy of the certified certificate of incorporation for Golden Plaza, Inc. which I received from the Division of State Records. 18.Attached as Exhibit P is a true and correct copy of the results from a search performed for "GOLDEN PLAZA LIMITED PARTNERSHIP" on December 16, 2012 through the Division of State Records' online Corporate and Business Entity Database. 19.On the morning of March 21, 2012 I called the Division of State Records using its publicly available telephone number (518) of and spoke with a representative. Upon my request, the representative informed me he ran a business entity search for various permutations of the name "Golden Plaza Limited Partnership" and checked what he referred to as the "dead files." The representative informed me that he found no records for such an entity. 20.Attached as Exhibit Q is a true and correct copy of an exhibit entitled "MM" attached to the Settlement Agreement dated October 2005 included as Exhibit 10 to the Verified Petition in the above-captioned case (hereinafter "the Settlement Agreement").

5 21.Attached as Exhibit R is a true and correct copy of documents dated January 24, 2006 and October 24, 2005 and entitled "Fedpayments Manager - Funds" and "Wire Transfer Request." 22.Attached as Exhibit S is a true and correct copy of a document labeled "Exhibit K" 23.Attached as Exhibit T is a true and correct copy of a document labeled "Exhibit N" 24.Attached as Exhibit U is a true and correct copy of a document labeled "Exhibit I" 25.Attached as Exhibit V is a true and correct copy of a document labeled "Exhibit J" 26.Attached as Exhibit W is a true and correct copy of a document labeled "Exhibit H" 27.According to its homepage (available at "The AUtomated City Register Information System (ACRIS) allows you to search property records and view document images for Manhattan, Queens, Bronx, and Brooklyn from 1966 to the present." 28.Attached as Exhibit X is a true and correct copy of the ACRIS Parcel identifier overview for Block Lot 0004 in Queens, New York as of December 16, Attached as Exhibit Y is a true and correct copy of a document dated July 28, 1989 and titled "MORTGAGE" viewable when one clicks on the July 31, 1989 "Mortgage" entry in the ACRIS record attached hereto as Exhibit X.

6 30.Attached as Exhibit Z is a true and correct copy of a document dated July 28, 1989 and titled "Collateral Assignment of Leases and Rentals" viewable when one clicks on the July 31, 1989 "ASSIGNMENT, MORTGAGE" entry in the ACRIS record attached hereto as Exhibit X. 31.Attached as Exhibit AA is a true and correct copy of a document dated May 31, 1995 and titled "Assignment" viewable when one clicks on the June 13, 1995 "ASSIGNMENT, MORTGAGE" entry in the ACRIS record attached hereto as Exhibit X. 32.Attached as Exhibit BB is a true and correct copy of a document dated May 31, 1995 and titled "Agreement" viewable when one clicks on the June 13, 1995 "AGREEMENT" entry in the ACRIS record attached hereto as Exhibit X. Dated: December 21, 2012 New York, New York Michael A. Blasie