~ Not Applicable If yes, date of expiration:

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1 NK% NEW YORK COUNTY SUPREME COURT - SPECIAL REFEREE CALENDAR (PART SRP) INFORMATION SHEET Title of Action: ~ 6 p Fesh Ak>ck ~ GÃ)y v Tecoen nc ~ index No.: 6 a 24o /26 7 Issues Referred: l pec23 IMPORTANT: IN ORDER THAT THIS MATTER MAY BE ASSIGNED EFFICIENTLY TO A JUDICIAL HEARING OFFICER/SPECIAL REFEREE, ALL COUNSEL MUST CONSULT ONE ANOTHER AND PROVIDE THE FOLLOWING ESSENTIAL INFORMATION AS ACCURATELY AS POSSIBLE: Estimated Time Needed for Entire Hearing: 1 he-wec s Number of Witnesses to be Called by All Counsel: 2 Is an interpreter of a language other than Spanish required? _)(_ No _Yes (Language ) If a matrimonial case, has custody been resolved? : Yes Yes _NoNo 1Not Applicable If a matrimonial case, ha there ever been, or is there now, an order of protection in effect? : Yes No ~ Not Applicable If yes, date of expiration: Attorney for /Petitioner: e,,-3 F~» ~ c, Address: t{ ( C> (T)f0chARobe c tc fr l TO b-) (City) (State) / O Q (Zip) Phone: Ã c o M p L OA Fax: ~j/</- - Z5 /8<7 ) Attorney for Defendant/Respondent p(tue F &ct. r.. Address: $3 ILCO.. Ael - ta/ay o j / 2.2 o & t (City) M... (State) / O O 0 3 (Zip) Phone: Al 2 5T7-777C) Fax: Please submit this form (with additional pages if needed to identify other counsel), with a copy of the Order of Reference, as soon as possible after issuance of that Order and in any event within 15 days of the date thereof, to the Special Referee Clerk by fax ((212) ) or (spref@nycourts.gov). You will be notified of the date and time of the hearing or, if the court has ordered such, the prehearing conference. Cases are assigned to a Judicial Hearing Officer/Special Referee on the original appearance date in Part SRP and the hearing or, if the Order of Reference directs a prehearing conference, the conference will commence on that date. Except where a prehearing conference is directed, counsel must appear with witnesses and evidence, and be prepared to proceed with the hearing, on the original date. If a conference is ordered, the hearing date will be fixed at the conference. See the Rules of the Special Referees Part for information about adjournments (which are limited) and other relevant matters. See also the Uniform Rules of the Judicial Hearing Officers and Special Referees. Please direct all inquiries to the Special Referee Clerk by phone ( ) or e- mail (addrcss above). s/20il6 1 of 5

2 SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY PRESENT: HON. DAVID BENJAMIN COHEN PART 58 Justice X â â â â â â â â â â â â â â â â â â â â â â â â â â â â â -XX JASON FERTlG, NECHAMA FERTIG INDEX NO /2017 Plaintiff, MOTION DATE 4/17/ v - MOTION SEQ. NO. 001 RICHARD TRUEMNER, Defendant. DECISION AND ORDER X â â â â â â â â â â â â â â â â â â â â â â â â â â â â â X The following e-fifed documents, listed by NYSCEF document number 4, 5, 6, 7 were read on this application to/for DISMISSAL Upon the foregoing documents, it is The portion of the motion that seeks dismissal on the grounds that the Court lacks jurisdiction in this matter due to an arbitration clause, the motion is denied as defendant has submitted a letter agreement that is unsigned. Further, defendants argument that this matter should be dismissed because in his opinion this is a frivolous litigation is not a cognizable basis to dismiss. However, after review of the papers submitted by defendant Richard Truemner, the Court finds that he has properly raised a jurisdictional question relating to service of process. Accordingly, a Traverse hearing is required to determine the issue. This matter shall be referred to a Special Referee to conduct a traverse hearing. It is therefore RR19RAIPA17 rr19ra19a17 PFQT<f ppqtic: <hqa<<< taqam Ia ~~ TAI TptipMMro ICM<<<<:PQ<f ov WAVn upon 2 of 5

3 ORDERED that defendant shall. within 30 days from the date of this order, serve a copy of this order with notice of entry, together with a completed Information Sheet, upon the Special Referee Clerk in the Motion Support Office (Room 1 19M), who is directed to place this matter on the calendar of the Special Referees Part for the earliest convenient date; and it is further ORDERED, that the motion to dismiss is denied in all other respects. 6/4/2018 DATE DAEBENJAMIN COHEN, J.S.C. HON. DAVID B. COHEN CHECK ONE: X CASE DISPOSED NON-FINAL DISPOSITION 4+SoCe e GRANTED DENIED X GRANTED IN PART OTHER APPLICATION: SETTLE ORDER SUBMIT ORDER CHECK IF APPROPRIATE: DO NOT POST FIDUCIARY APPOINTMENT REFERENCE Copies are available in Rm. 119M at 60 Centre Street and on the Courts website at "References" under the section of the "Courthouse Procedures" link). ALWMAI7A17 PCDTIC IhCAM c TOI tlllllklrn O>r u ann 3 of 5

4 AFFIRMATION OF MAILING STATE OF NEW YORK ) COUNTY OF WESTCHESTER) ss.: I, Gerard Falco, an attorney duly admitted to practice law in the State of New York affirms to the truth of the matters stated herein under the penalties of perjury; I am not a party to the action and am over 18 years of age and am not a party to this action; That on the 2nd day of July, 2018, I served the Annexed ORDER WITH NOTICE OF ENTRY by depositing true copies therewith in a post-paid wrapper, in an official depository under the exclusive care and custody of the U.S. Postal Service within the New York State, addressed to each of the following persons at the last known address set forth after each name: TO: Harvey M. Fertig, Esq. Attorneys for Plaintiffs JASON & NECHAMA FERTIG 853 Broadway, Suite 1122 New York, N.Y Special Referee Clerk Motion Support Office New Room York 119M County Supreme Court 60 Centre Street New York, N.Y Dated: Harrison, NY. July 2nd, 2018 e rd lc 4 of 5

5 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK Index #: Year 2017 JACOB FERTIG, NECHAMA FERTIG, Plaintiffs, -against- RICHARD TRUEMNER Defendant. ORDER WITH NOTICE OF ENTRY GERARD A. FALCO Attorney for Plaintiff 480 Mamaroneck Avenue HARRISON, NEW YORK (917) TO: ALL PARTIES NOTICE OF ENTRY Sirs: Please take Notice that attached herein is a true copy of the Order of this Court (David Benjamin Cohen J. S. C. ) dated and entered June 4 ", of 5