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1 UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF NEW YORK )( In re: SUFFOLK READY MI)(, LLC, Case # reg REPLY AFFIRMATION Debtor )( JEFF MORGENSTERN, an attorney duly admitted to practice in the State of New York and before this Court hereby affirms the following subject to penalties of perjury: Doerschug. 1. I am Of Counsel to Joel Schwitzer, Esq. attorney for creditor Tracy 2. In response to the limited objection of debtor's State Court Counsel to the creditor's motion to vacate the stay, to the extent that any settlement or judgment awarded to the creditor were to exceed the debtor's insurance coverage, that portion would become a general unsecured claim in the debtor's Chapter 11 case, so the debtor would not be exposed to future liability as far as enforcement of a judgment is concerned in the traditional sense. 3. Nevertheless, in order to satisfy the debtor's concerns, the creditor will consent that collection on its recovery in the State Court action will be limited to the available insurance coverage. Dated: Carle Place, New York June 21, 2010 JEFF MORGENSTERN, ESQ. of Counsel to JOEL SCHWITZER, ESQ. Attorney for Creditor Tracy A. Doerschug One Old Country Road, Suite 320 Carle Place, New York (516) JEFF -1

2 TO: MICHAEL G. McAULLlFE, ESQ. Attorney for Debtor 48 South Service Road, Suite 102 Melville, NY BRUCE SMITH, ESQ.I STEVEN REINGOLD, ESQ. Counsel for Creditor's Committee c/o Jager Smith One Financial Center Boston, MA OFFICE OF THE U.S. TRUSTEE 560 Federal Plaza Central Islip, NY (631) KELLY LUGLIO & ARCURI Attorneys for Debtor in Supreme Court Case 2023 Deer Park Avenue Deer Park, NY ALL PARTIES FILING NOTICES OF APPEARANCE AS FOLLOWS: LAWRENCE TOFEL, ESQ. Attorney for LaForge North America, Inc. Tofel & Partners, LLP 730 Third Avenue LESLIE BERKOFF, ESQ. Counsel for Antonio Lopes Moritt Hock, et al. 400 Garden City Plaza CLIFFORD KATZ, ESQ. Counsel for Financial Federal Credit c/o Platzer Finegold, et al Avenue of the Americas FINANCIAL FEDERAL CREDIT Attn.: Robert Bonsignore, Esq. 24th Floor 1730 Third Avenue -2

3 NYS DEPT. OF TAX & FINANCE Attn.: Josh Russell, Esq. Suite Oak Street ESSEX CEMENT CO. Attn.: Eli Mattioli, Esq. c/o K & L Gates LLP 599 Lexington Avenue New York, NY Attn.: Madeline Coleman, Esq. c/o Buchanan Ingersoll, et al. 620 Eighth Avenue, 23 rd Floor Attn.: Peter Muth, Esq. c/o Buchanan Ingersoll, et al. 50 Fountain Plaza, Suite 1230 Buffalo, NY Doerschug,T\SuffolkReadyMix\ReplyAffirmation

4 UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF NEW YORK )( In re: SUFFOLK READY MI)(, LLC, Debtor )( AFFIDAVIT OF SERVICE BY MAIL Case No.: reg LYNDA CASH, being duly sworn deposes and says: I am not a party to the action, am over 18 years of age and reside in Malverne, New York. On June 23,2010, I served a true copy of the annexed REPLY AFFIRMATION in the above-mentioned proceeding, by mailing same in a sealed envelope, with postage prepaid thereon, in a post-office or official depository of the U.S. Postal Service within the State of New York, addressed to the last known address of the addressee as indicated below: TO: MICHAEL G. McAULLlFE, ESQ. Attorney for Debtor 48 South Service Road, Suite 102 Melville, NY BRUCE SMITH, ESQ.I STEVEN REINGOLD, ESQ. Counsel for Creditor's Committee clo Jager Smith One Financial Center Boston, MA OFFICE OF THE U.S. TRUSTEE 560 Federal Plaza Central Islip, I\JY (631) KELLY LUGLIO & ARCURI Attorneys for Debtor in Supreme Court Case 2023 Deer Park Avenue Deer Park, NY ALL PARTIES FILING NOTICES OF APPEARANCE AS FOLLOWS: LAWRENCE TOFEL, ESQ. Attorney for LaForge North America, Inc. Tofel & Partners, LLP 730 Third Avenue CLIFFORD KATZ, ESQ. Counsel for Financial Federal Credit clo Platzer Finegold, et a! Avenue of the Americas LESLIE BERKOFF, ESQ. Counsel for Antonio Lopes Moritt Hock, et a!. 400 Garden City Plaza FINANCIAL FEDERAL CREDIT Attn.: Robert Bonsignore, Esq. 24th Floor 1730 Third Avenue -1

5 NYS DEPT. OF TAX & FINANCE Attn.: Josh Russell, Esq. Suite Oak Street Attn.: Madeline Coleman, Esq. clo Buchanan Ingersoll, et al. 620 Eighth Avenue, 23 rd Floor ESSEX CEMENT CO. Attn.: Eli Mattioli, Esq. clo K & L Gates LLP 599 Lexington Avenue New York, NY Attn.: Peter Muth, Esq. clo Buchanan Ingersoll, et al. 50 Fountain Plaza, Suite 1230 Buffalo, NY U Lynda Cash Sworn to before me this 23 rd day of June Doerschug,T\SuffolkReadyMix\AOS-ReplyAffirmation

6 Case No.: reg re: SUFFOLK READY MIX, LLC, Debtor. REPLY AFFIRMATION JEFF MORGENSTERN, PLLC of Counsel to JOEL SCHWITZER, ESQ. Attorney for Creditor Tracy A. Doerschug ONE OLD COUNTRY ROAD, SUITE 320 CARLE PLACE, NEW YORK (516) Phone (516) Fax The undersigned attorney, admitted to practice in the Courts of New York State, certifies, that, upon information and belief and reasonable inquiry, the contentions contained in the annexed document are not frivolous. Dated: June 21! 2010 Signature lsi Jeff Morgenstern Signer's Name: JEFF MORGENSTERN Service of the within Dated: is hereby admitted. Attorneys for PLEASE TAKE NOTICE NOTICE OF ENTRY [ 1 that the within is a true copy of an entered in the office of the clerk of the within named Court on,2010. NOTICE OF SETTLEMENT [ 1 that an Order of which the within is a true copy will be presented for settlement to the on,2010at Dated: JEFF MORGENSTERN, PLLC of Counsel to JOEL SCHWITZER, ESQ. Attorney for Creditor Tracy A. Doerschug One Old Country Road, Suite 320 Carle Place, New York (516) Phone (516) Fax