FILED: NEW YORK COUNTY CLERK 07/06/ :19 PM INDEX NO /2017 NYSCEF DOC. NO. 73 RECEIVED NYSCEF: 07/06/2017

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1 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK In the Matter of the Application of PREFERRED BANK, successor in interest to UNITED INTERNATIONAL BANK, Index No /2017 Motion Sequence No. 1 And the Application of SMS FINANCIAL G, LLC, For a Judgment Pursuant to CPLR 5225(b) and 5227 to Compel Delivery of Property, NOTICE OF SETTLEMENT OF PROPOSED ORDER AND JUDGMENT - against - QUEEN ELIZABETH REALTY CORP., LEWIS WU, Respondent, Judgment Debtor. PLEASE TAKE NOTICE that, pursuant to section of the Uniform Civil Rules for the Supreme Court, a proposed Order and Judgment, of which the annexed exhibit is a true copy, will be presented by the SMS Financial G, LLC, in the above-captioned action, for settlement and signature before the Honorable Arlene P. Bluth, J.S.C., in Room 432 of the Courthouse located at 60 Centre Street, New York, New York on July 14, 2017, at 10:00 a.m., or as soon thereafter as counsel can be heard. PLEASE TAKE FURTHER NOTICE that, pursuant to section of the Uniform Civil Rules for the Supreme Court, a proposed counter order, if any, must be made returnable on July 14, 2017, and must be served on all parties by personal service, not less than two days before the date of settlement.

2 Dated: New York, New York July 6, 2017 ANDRIOLA LAW, PLLC /s/ James M. Andriola James M. Andriola, Esq Broadway, 22 nd Floor New York, New York (646) Attorneys for SMS Financial G, LLC TO: ALL PARTIES AND COUNSEL OF RECORD (as more fully set forth on the affirmation of service submitted herewith)

3 At Part 32 of the Supreme Court of the State of New York, held in and for the County of New York, at the Courthouse, at 60 Centre Street, New York, New York, on the day of July, Present: HON. ARLENE P. BLUTH, J.S.C. In the Matter of the Application of PREFERRED BANK, successor in interest to UNITED INTERNATIONAL BANK, And the Application of SMS FINANCIAL G, LLC, Index No /2017 ORDER AND JUDGMENT Motion Sequence No. 1 For a Judgment Pursuant to CPLR 5225(b) and 5227 to Compel Delivery of Property, - against - QUEEN ELIZABETH REALTY CORP., LEWIS WU, Respondent, Judgment Debtor. WHEREAS, in an action entitled All Points Capital Corp. v. Foodmart International II, Corp., et al. (Supreme Court, Nassau County, Index No /2011), the court, on February 13, 2013, entered a Judgment in favor of All Points Capital Corp. and against, among other parties, Lewis Wu in the amount of $1, , plus statutory interest (the Judgment );

4 WHEREAS, on July 17, 2013, the Respondent Queen Elizabeth Realty Corp. ( QERC ) filed a voluntary petition for reorganization under chapter 11 of the Bankruptcy Code in the United States Bankruptcy Court for the Southern District of New York; WHEREAS, pursuant to a General Assignment and Assumption dated December 8, 2015, Capital One Equipment Finance Corp. f/k/a All Points Capital Corp. assigned all of its rights, title and interests in, among other things, the Judgment to the Petitioner SMS Financial G, LLC ( SMS ) and, therefore, SMS is a judgment creditor of the judgment debtor Lewis Wu; WHEREAS, on January 26, 2016, the Bankruptcy Court confirmed QERC s Modified Fourth Amended Chapter 11 Plan of Reorganization dated January 13, 2016 (the Plan ); WHEREAS, pursuant to the Plan, one-third of the equity interests of the reorganized debtor were issued to Lewis Wu ( Lewis Wu s Shares ); WHEREAS, in or about January 2016, both QERC and its counsel were served with a restraining notice which forbade QERC from making any sale, assignment or transfer of any property in which Lewis Wu has an interest; WHEREAS, this turnover proceeding was commenced by the original Petitioner Preferred Bank, successor in interest to United International Bank ( Preferred Bank ), on or about January 12, 2017 (and Preferred Bank has advised the Court that it has settled its claim against QERC and/or Lewis Wu); and WHEREAS, by an Order entered on March 27, 2017, SMS was permitted to intervene in this action and pursue relief as a petitioning judgment creditor under Article 52 of the CPLR. NOW, on reading and filing the following papers submitted to the Court: (a) the Verified Petition of SMS (NYSCEF Doc. No. 13); the Answer in Special Proceeding filed by QERC and accompanying Affidavit of Jeffrey Wu (NYSCEF Doc. Nos. 69 and 70); and the Reply Affirmation of James M. Andriola, Esq. in further support of turnover proceeding (NYSCEF Doc.

5 No. 71) 1, and upon the Court s decision thereon dated June 27, 2017 (NYSCEF Doc. No. 72), it is hereby ORDERED, ADJUDGED AND DECREED that the Petition is granted; and it is further ORDERED, ADJUDGED AND DECREED that, pursuant to Article 52 the CPLR, QERC shall turn over all monies held by it belonging to, or due to, the Judgment Debtor Lewis Wu, in an amount sufficient to satisfy SMS Judgment, and if the amount to be so paid is insufficient to satisfy SMS Judgment than; it is further ORDERED, ADJUDGED AND DECREED that, pursuant to Article 52 of the CPLR, QERC, and all other persons in active concert, privity or participation with them, are hereby directed to turnover and deliver Lewis Wu s Shares to the New York County Sheriff so that they may be sold at auction, with the proceeds being paid as follows: FIRST, to the Sheriff for his fee and all costs incurred in conducting the sale; SECOND, to SMS in an amount sufficient to satisfy its Judgment; and THIRD, if there are any surplus funds (i.e., above and beyond the amount necessary to satisfy SMS Judgment), said surplus funds shall be returned to the judgment debtor Lewis Wu; and it is further ORDERED, ADJUDGED AND DECREED that QERC, and all other persons in active concert, privity or participation with them, shall execute and deliver all documents necessary to effectuate the turnover of the monies and ownership interests described in the preceding paragraphs. ENTERED: HON. ARLENE P. BLUTH, J.S.C. 1 This reply affirmation relied on the Reply Affirmation of Matthew Kye, Esq. filed on March 3, 2017 (NYSCEF Doc. No. 20) and the exhibits thereto.

6 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK In the Matter of the Application of PREFERRED BANK, successor in interest to UNITED INTERNATIONAL BANK, Index No /2017 Motion Sequence No. 1 For a Judgment Pursuant to CPLR 5225(b) and 5227 to Compel Delivery of Property, AFFIRMATION OF SERVICE - against - QUEEN ELIZABETH REALTY CORP., LEWIS WU, Respondent, Judgment Debtor. James M. Andriola, Esq., an attorney duly admitted to practice in the Courts of the State of New York, affirms as follows under penalty of perjury: I am a member of Andriola Law, PLLC. I am not a party to the action, am over 18 years of age and reside in New York, New York. On July 6, 2017, I served the foregoing Notice of Settlement of Proposed Order and Judgment, with a proposed Order and Judgment, by causing a true and correct copy of the aforesaid documents to be: (i) filed and served electronically on all counsel of record via the Court s CM/ECF System; and (ii) served via first class mail on the Judgment Debtor as follows: Lewis Wu 80 Elizabeth Street, Apt. 6J New York, New York Dated: New York, New York July 6, 2017 /s/ James M. Andriola