At Part of the Supreme Court of the. of New York, at the Courthouse thereof, 60 PLAINTIFF, DEFENDANTS.

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1 THE PURPOSE OF THIS HEARING IS TO PUNISH JAMES GIBSON, SR. FOR CONTEMPT OF COURT FOR REFUSING OR NEGLECTING TO OBEY A SUBPOENA DUCES TECUM AND AD TESTIFICANDUM AND APPEAR FOR DEPOSITION, AND SUCH PUNISHMENT MAY CONSIST OF FINE OR IMPRISONMENT, OR BOTH NOTICE REQUIRED BY NEW YORK JUDICIARY LAW 756: WARNING: FAILURE BY JAMES GIBSON, SR. TO APPEAR IN COURT MAY RESULT IN IMMEDIATE ARREST AND IMPRISONMENT FOR CONTEMPT OF COURT. At Part of the Supreme Court of the State ofnew York, held in and for the County of New York, at the Courthouse thereof, 60 Centre Street, New York, New York on the day of, P R E S E N T, J.S.C. SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK X JAMES A. GIBSON, JR., Index No.: /2017 PLAINTIFF, ORDER TO -AGAINST- SHOW CAUSE LIC DEVELOPMENT OWNER, L.P., LIC DEVELOPMENT, L.P. and TURNER CONSTRUCTION COMPANY, X DEFENDANTS. Upon reading and filing of the annexed good faith affidavit of John E. Sparling, Esq., dated October 22, 2018, and affirmation of John E. Sparling, Esq., dated October 22, 2018, the exhibits annexed thereto, and upon all of the pleadings and proceedings had herein, and upon due ( DOCX}

2 deliberation of this Court, LET, parties and/or their attorneys, show cause before this court at an IAS Part of this Court, to be held at the Courthouse thereof located at 60 Centre Street, New York, New York on the day of, 2018, at o'clock in the noon or as soon thereafter as counsel may be heard; WHY, an Order should not be made and entered herein: (a) Permitting post Note of Issue discovery to conduct the non-party deposition of James Gibson, Sr.; (b) Ordering pursuant to CPLR 2308(a) and Jud. L. 753(A)(5) and 756 holding James Gibson, Sr. in contempt of Court for his willful violation of a lawfully served Subpoena; (c) Ordering that James Gibson, Sr. appear and give testimony in this matter before a notary public or be held in contempt of court, and pursuant to CPLR 2308(b) and 8106 award Defendants their costs incurred in making this motion; and (d) Such other and further relief as the Court may deem just and proper. SUFFICIENT CAUSE APPEARING THEREFORE; LET, service of a copy of this Order to Show Cause and the papers upon which it was granted be made upon all appearing parties or their attorneys herein, on or before the day of, 2018, by regular mail or overnight mail or facsimile, be deemed good and sufficient service; and let personal service upon of a copy of this Order to Show Cause and the papers upon which it was granted be made upon James Gibson, Sr. on or before the day of, 2018, be deemed good and sufficient service; and LET, service of any answering papers that maybe served in response to this Order to Show Cause be made upon all appearing parties or their attorneys herein, on or before day of, 2018 by regular mail or overnight mail or facsimile be deemed good and sufficient { DOCX} 3

3 service; and let personal service of any answering papers that maybe served in response to this Order to Show Cause be made upon James Gibson, Sr. on or before the day of, 2018, be deemed good and sufficient service E N T E R J.S.C. { DOCX}

4 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK x JAMES A. GIBSON, JR., Index No / against - Plaintiff, AFFIRMATION IN GOOD FAITH LIC DEVELOPMENT OWNER, L.P., LIC DEVELOPMENT, L.P. and TURNER CONSTRUCTION COMPANY, Defendants x C O U N S E L: JOHN SPARLING, ESQ., an attorney duly licensed to practice law before the Courts of the State of New York, pursuant to the provisions of Rule 2106 of the Civil Practice Law and Rules, and under the penalty of perjury, does hereby affirm as follows: 1. I am a member of the law firm Cullen and Dykman LLP, attorneys for Defendants, LIC DEVELOPMENT OWNER, L.P. i/s/h/a LIC DEVELOPMENT OWNER, L.P. and LIC DEVELOPMENT, L.P. and TURNER CONSTRUCTION COMPANY (collectively "Defendants"), relative to the above-entitled action and, as such, am fully familiar with the facts and proceedings heretofore had herein. 2. This Affirmation is submitted in support of the instant motion seeking an Order pursuant to CPLR 3208(a) holding James Gibson, Sr., in contempt of Court for his willful violation of a lawfully issued subpoena, or in the alternative, an Order compelling James Gibson, Sr. to appear and give testimony in this matter before a notary public, together with such other and further relief as this Court may deem just, proper, and equitable. { DOCX}

5 3. Prior to seeking this Honorable Court's intervention, good faith efforts have been made to obtain all outstanding discovery. A good faith letter, annexed to the moving papers as Exhibit "E," was forwarded to James Gibson, Sr. detailing the efforts of the Defendants. As a result, Defendants have been substantially prejudiced in defending the action. Dated: New York, New York October 29, 2018 J parling, ' q. { DOCX} 2