FILED: NEW YORK COUNTY CLERK 08/15/ :29 PM INDEX NO /2016 NYSCEF DOC. NO. 150 RECEIVED NYSCEF: 08/15/2016

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1 FILED: NEW YORK COUNTY CLERK 08/15/ :29 PM INDEX NO /2016 NYSCEF DOC. NO. 150 RECEIVED NYSCEF: 08/15/2016 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK: CIVIL BRANCH x RICHARD AMELIUS, SINJA CHO, ILONA FARKAS, OLGA PAPKOVITCH, JESSE ZHU, Index No Plaintiffs, Part 2 -against- GRAND IMPERIAL LLC, IMPERIAL V LLC, IMPERIAL COURT MANAGEMENT, MICHAEL EDELSTEIN, (Hon. Kathryn Freed, J.S.C.) NOTICE OF SUBPOENA DUCES TECUM Defendants x PLEASE TAKE NOTICE pursuant to CPLR 3120 that the annexed subpoena duces tecum will be served on the entity specified therein. Dated: New York, New York August 15, 2016 To: Rachel Hannaford Goddard Riverside Law Project Attorney for the Plaintiffs Yours, etc., ZACHARY W. CARTER Corporation Counsel City of New York Attorney for Intervenor-Plaintiff :i:4~ Special Assistant Corporation Counsel Mayor's Office of Special Enforcement City of New York 1 Centre Street, Room 1012N New York, NY (646) of 9

2 51 West 1 09th Street New York, NY Charles Chehebar Chehebar, Deveney & Phillips Attorney for the Defendants and IntenJenor-Defendants 485 Madison Avenue, Suite 1301 New York, NY of 9

3 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK: CIVIL BRANCH ]( RICHARD AMELIUS, SINJA CHO, ILONA F ARK.AS, OLGA PAPKOVITCH, JESSE ZHU, -against- Plaintiffs, GRAND IMPERIAL LLC, IMPERIAL V LLC, IMPERIAL COURT MANAGEMENT, MICHAEL EDELSTEIN, Defendants ]( IndeJt No /2016 Part2 (Hon. Kathryn Freed, J.S.C.) STATEMENT OF SERVICE BY MAIL AND ACKNOWLEDGEMENT OF RECEIPT BY MAIL OF SUBPOENA DUCES TECUM A: STATEMENT OF SERVICE BY MAIL To: Trivago GmbH 140 Broadway, 46th Floor New York, NY Dear Sir: The enclosed subpoena duces tecum is served pursuant to section 312-a of the Civil Practice Law and Rules. To avoid being charged with the expense of service upon you, you must sign, date and complete the acknowledgement part of this form and mail or deliver one copy of the completed form to the sender within thirty (30) days from the date you receive it. You should keep a copy for your records or your attorney. If you wish to consult an attorney, you should do so as soon as possible before the thirty (30) days expire. If you do not complete and return the form to the sender within thirty (30) days, you (or the party on whose behalf you are being served) will be required to pay expenses incurred in serving the subpoena in any other manner permitted by law, and the cost of such service as permitted by law will be entered as a judgment against you. If you have received a complaint or petition with this statement, the return of this statement and acknowledgement does not relieve you of the necessity to answer the complaint or petition. The time to answer expires twenty (20) days after the day you mail or deliver this form to the sender. If you wish to consult with an attorney, you should do so as soon as possible before the twenty (20) days expire. If you are served on behalf of a corporation, unincorporated association, partnership or other entity, you must indicate under your signature your relationship to the entity. If you 3 of 9

4 are served on behalf of another person and you are authorized to receive process, you must indicate under your signature your authority. It is a crime to forge a signature or to make a false entry on this statement or on the acknowledgement. Dated: August 15, 2016 New York, NY Yours, etc., ZACHARY W. CARTER Corporation Counsel City of New York Attorney fo/ ntiff By: ~~ BRIAN KRIST Special Assistant Corporation Counsel Mayor's Office of Special Enforcement City ofnew York 1 Centre Street, Room 1012N New York, NY Tel: bkrist@law.nyc.gov 2 4 of 9

5 B. ACKNOWLEDGEMENT OF RECElPT OF SUBPOENA DUCES TECUM I received a subpoena duces tecum in the above-captioned matter at the following address: PLEASE CHECK ONE OF THE FOLLOWING; IF 2 IS CHECKED, COMPLETE AS INDICATED: 1. D I am not in military service. 2. D I am in military service, and my rank and branch of service are as follows: Rank: Branch of Service: TO BE COMPLETED REGARDLESS OF MILITARY STATUS: Date: (Date this Acknowledgement is executed): I affirm the above as true under penalty of perjury. Signature: Print name: Name of Witness for which acting: Position with Witness for which acting (i.e., officer, attorney, etc.): PLEASE COMPLETE ALL BLANKS INCLUDING DATES 3 5 of 9

6 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK: CIVIL BRANCH ~--~~--~ ~X RICHARD AMELIUS, SINJA CHO, ILONA FARKAS, OLGA P APKOVITCH, JESSE ZHU e:! ~ = Q. "' Q. Q.- = 0 -against- Plaintiff, GRAND IMPERIAL, LLC, IMPERIAL V LLC, IMPERIAL COURT MANAGEMENT, MICHAEL EDELSTEIN Index No /2016 IAS Part 2 SUBPOENA DUCES TECUM Defendants ,X TO: Trivago GmbH 140 Broadway, 46 1 h Floor New York, NY GREETINGS: YOU ARE HEREBY COMMANDED, that all business and excuses laid aside, to appear and attend before las Part 2 of the Supreme Court of the State ofnew York, at the Courthouse at 80 Centre Street, New York, NY 10007, on the 4th day of October, 2016, at 10:00 o'clock in the forenoon, and that you bring with you and produce all such records specified in the attached rider in your care, custody or control. - () ""' 0 -""' - ;; e:! - ~ e:! ""' Oll 1:1.. c u::c II) ~.c:.c:... - :== - ""' c =.. = -c ~ 5 ~ "' ""' 0 -o c:: t.i.l In lieu of a personal appearance, the requirements of this subpoena may be met by delivery of the material specified above by mail or overnight delivery service addressed to: Brian Krist, Special Assistant Corporation Counsel, Mayor's Office of Special Enforcement, City ofnew York, 1 Centre Street, Room 1012N, New York, NY 10007, provided that it is received on or before the return date set forth herein. Failure to comply with this subpoena is punishable as a contempt of court and, if you fail to comply with this subpoena, an application may be made to the Court to compel compliance, and to impose costs, and for the issuance of a warrant directing a Sheriff to bring you before Page 1 of2 6 of 9

7 the Court; and you may also be subject to such other penalties and proceedings as are prescribed by law. Dated: August 15, 2016 New York, NY Yours, etc., ZACHARY W. CARTER Corporation Counsel City ofnew York Attorney for Intervenor-Plaintiff By.~~ BRIAN KRIST Special Assistant Corporation Counsel Mayor's Office of Special Enforcement City of New York 1 Centre Street, Room 1012N New York, NY Tel: bkrist@law.nyc.gov Page 2 of2 7 of 9

8 RIDER For the period beginning January 1, 2011 through the present: A. Any and all records reflecting the soliciting of reservations or rental for transient (less than thirty consecutive days) usage of307 West 79th Street, New York, NY (individually and collectively, the "Subject Premises"), including, but not limited to: 1. Records reflecting the placing of advertisements, postings or other solicitations for the Subject Premises, including records reflecting the name, address or other contact information for the individual or entity who placed said advertisements, postings or other solicitations for the Subject Premises, and all drafts or versions of such advertisements, postings or other solicitations; 2. Records reflecting any reservations or rentals ofthe Subject Premises, including but not limited to records reflecting the names, addresses or other contact information for the guests staying in the Subject Premises and the dates and durations oftime those guests stayed or sought to stay at the Subject Premises; 3. Records reflecting any payments made to or through Trivago GmbH ("Trivago") or its parent, affiliate or subsidiary companies for any reservations or stays identified in item number 2 above, including records reflecting the means and source of such payments; 4. Records reflecting any payments made to or through Trivago or its parent, affiliate or subsidiary companies in consideration of hosting any advertisements, postings or other solicitations identified in item number 1 above, including records reflecting the means and source of such payments; and 5. Records reflecting any user or guest comments, including compliments or complaints, received concerning the Subject Premises, including records reflecting the names, addresses or other contact information for any users or guests who made comments identified above. B. Any and all records reflecting the soliciting of reservations or rental for transient (less than thirty consecutive days) usage of any property by or on behalf of GRAND IMPERIAL LLC, IMPERIAL V LLC, IMPERIAL COURT MANAGEMENT LLC, MICHAEL EDELSTEIN, IMPERIAL SUCCESS LLC, F & M IMPERIAL LLC, or FLORENCE EDELSTEIN, including, but not limited to: 1. Records reflecting the placing of such advertisements, postings or other solicitations, including records reflecting the name, address or other contact information for the individual or entity who placed said advertisements, postings or other solicitations, and all drafts or versions of such advertisements, postings or other solicitations; 2. Records reflecting any reservations or rentals resulting from the advertisements, postings or other solicitations, including but not limited to records reflecting the Page 1 of2 8 of 9

9 names, addresses or other contact information for guests and the dates and durations of time those guests stayed or sought to stay through such reservations or rentals; 3. Records reflecting any payments made to or through Trivago or its parent, affiliate or subsidiary companies for any reservations or stays identified in item number 2 above, including records reflecting the means and source of such payments; 4. Records reflecting any payments made to or through Trivago or its parent, affiliate or subsidiary companies in consideration of hosting any advertisements, postings or other solicitations identified in item number 1 above, including records reflecting the means and source of such payments; and 5. Records reflecting any user or guest comments, including compliments or complaints, received concerning the properties advertised as identified in this section, including records reflecting the names, addresses or other contact information for any users or guests who made comments identified above. Page 2 of2 9 of 9