Respondent 470 KENT OWNER, LLC ( Kent ), by its attorney, Daniel Blumenstein, Esq., as

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1 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK THE ESTATE OF ISACK ROSENBERG, ABRAHAM ROSENBERG, ISACK ROSENBERG 2012 FAMILY TRUST, ABRAHAM ROSENBERG 2012 FAMILY TRUST, IRREVOCABLE TRUST FBO OF DESCENDANTS OF ABRAHAM ROSENBERG U/A 12/31/12, IRREVOCABLE TRUST FBO OF DESCENDANTS OF ISACK ROSENBERG U/A 12/31/12, WATERFRONT REALTY II LLC, CLC OWNERS LLC, and CL SPE LLC, Index No /2017 ANSWER TO PETITION Petitioners. - against KENT OWNER LLC, Respondent. Respondent 470 KENT OWNER, LLC ( Kent ), by its attorney, Daniel Blumenstein, Esq., as and for its answer to the Petition (the Petition ) by petitioners THE ESTATE OF ISACK ROSENBERG, ABRAHAM ROSENBERG, ISACK ROSENBERG 2012 FAMILY TRUST, ABRAHAM ROSENBERG 2012 FAMILY TRUST, IRREVOCABLE TRUST FBO OF DESCENDANTS OF ABRAHAM ROSENBERG U/A 12/31/12, IRREVOCABLE TRUST FBO OF DESCENDANTS OF ISACK ROSENBERG U/A 12/31/12, WATERFRONT REALTY II LLC, CLC OWNERS LLC, and CL SPE LLC ( Petitioners ) herein alleges as follows: 1. Respondent denies each and every allegation contained in paragraph of the petition marked and designated 1, except admits that Kent, is a party to a Contribution Agreement and refers to such documents as may exist for its actual language and complete content. 1 of 5

2 2. Respondent denies each and every allegation contained in the paragraph of the petition marked and designated 2, 3 except refers to such documents as may exist for its actual language and complete content. 3. Respondent admits the allegations contained in the paragraph of the Petition marked and designated 4, 6, 7, 9, 10, 12, 13, Respondent denies each and every allegation contained in paragraph of the petition marked and designated 5, except admits that Petitioners filed a counterclaim and refers to such documents as may exist for its actual language and complete content. 5. Respondent denies each and every allegation contained in paragraph of the petition marked and designated 8, except admits that hearings were held on September 26-28, Respondent denies each and every allegation contained in paragraph of the petition marked and designated 11, except admits that the Arbitrator issued a Partial Final Award and refers to such documents as may exist for its actual language and complete content. 7. Respondent denies each and every demand for relief in the WHEREFORE clause of the petition. AFFIRMATIVE DEFENSES FIRST AFFIMATIVE DEFENSE The Petition fails to state a cause of action for attorneys fees, costs and expenses SECOND AFFIMATIVE DEFENSE The demand for relief sought in the Petition which seeks an order (1) requiring the transfer and assignment of the Brownfield Rights and Information ( defined in the accompanying memorandum of law) to Petitioners' designee, within, (2) declaring that the Rosenberg Parties' right to retain the Professionals (defined in the accompanying memorandum of law), or (3) declaring the Respondent has no colorable basis to object to the Petitioners' retention of the Professionals, seeks relief beyond 2 of 5

3 the scope of the Arbitration Awards and violates the attorney-client privilege. THIRD AFFIMATIVE DEFENSE The demand for relief in the Petition violates public policy of the State of New York. FOURTH AFFIMATIVE DEFENSE The demand for relief in the Petition which seeks an order (1) requiring the transfer and assignment of the Brownfield Rights and Information ( defined in the accompanying memorandum of law) to Petitioners' designee, within, (2) declaring that the Rosenberg Parties' right to retain the Professionals (defined in the accompanying memorandum of law), or (3) declaring the Respondent has no colorable basis to object to the Petitioners' retention of the Professionals, seeks relief beyond the scope of the Arbitration Awards and violates New York Lawyer's Code of Professional Responsibility DR [ ] Preservation of Confidences and Secrets of a Client. FIFTH AFFIMATIVE DEFENSE The Award does not provide for an order (1) requiring the transfer and assignment of the Brownfield Rights and Information ( defined in the accompanying memorandum of law) to Petitioners' designee, within, (2) declaring that the Rosenberg Parties' right to retain the Professionals (defined in the accompanying memorandum of law), or (3) declaring the Respondent has no colorable basis to object to the Petitioners' retention of the Professionals, (4) awarding Petitioners the costs and expenses, including reasonable attorneys' fees related to this Petition SIXTH AFFIMATIVE DEFENSE The demand in the Petition for judgement enforcement fails to state a cause of action. SEVENTH AFFIMATIVE DEFENSE The Petition fails to set forth a cause of action for supplemental proceedings or supplemental relief. 3 of 5

4 EIGHTH AFFIMATIVE DEFENSE The Petitioner is collaterally estopped from asserting supplemental relief against Roy Stillman individually and affiliates in general. WHEREFORE, the answering respondent demands judgment dismissing the petition and together with costs and disbursements of this action. Dated: Valley Stream, New York May 1, 2017 DANIEL BLUMENSTEIN, ESQ. Attorney for Respondent 55 Pearl Street Valley Stream, New York (516) of 5

5 ATTORNEY S VERIFICATION STATE OF NEW YORK, COUNTY OF NASSAU. ss.: I, the undersigned, an attorney duly admitted to practice before the courts of the State of New York, affirm under the penalty of perjury that I am the attorney of record for the defendants in the within action; I have read the foregoing Answer and know the content thereof; that the same is true to deponent's own knowledge, except as to matters therein stated to be alleged on information and belief, and as to those matters I believe it to be true. The reason I make this verification instead of respondent is respondent resides outside of Nassau County where the affiant maintains his office. The grounds of my belief as to all matters not stated upon my own knowledge are as follows: conversations with the client and information contained in the file. DATED: Valley Stream, New York May 1, 2017 DANIEL BLUMENSTEIN 5 of 5