FILED: NEW YORK COUNTY CLERK 05/29/ :25 PM INDEX NO /2012 NYSCEF DOC. NO. 570 RECEIVED NYSCEF: 05/29/2018

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1 SUPREME COURT STATE OF NEW YORK COUNTY OF NEW YORK X ROSEMARIE A. HERMAN, individually, as beneficiary of the trust created by Harold Herman as Grantor under agreement dated Index No /2012 March 1, 1990 and as beneficiary of the trust created by Rosemarie A. Herman as Grantor dated November 27, 1991 and on behalf of Action No.: 1 MAYFAIR YORK LLC, WINDSOR PLAZA LLC, a New York Limited Liability Company, AVON BARD LLC, MERIT NOTICE OF APPEAL MANAGEMENT LLC, PRIMROSE MANAGEMENT LLC, KEYSTONE MANAGEMENT LLC by their 50% ownership of their membership interests; et al., Plaintiffs, -against- 36 GRAMERCY PARK REALTY ASSOCIATES, LLC; 320 E. 22ND REALTY ASSOCIATES, LLC; 10 W. 74TH STREET REALTY ASSOCIATES, LLC; 150 W. 82ND STREET REALTY ASSOCIATES, LLC; 425 E. 76TH STREET REALTY ASSOCIATES, LLC; COSMOPOLITAN PROPERTY ACQUISITION COMPANY, LLC; MMANN LLC; MANN MANAGEMENT, INC. D/B/A MANN REALTY ASSOCIATES; MAURICE A. MANN; "ABC COMPANY # 1" through "ABC COMPANY #10", the last ten entities being fictitious and unknown to the Plaintiffs, the entities intended being the entities, if any, involved in the acts or omissions described in the Complaint; and "JOHN DOE # 1" through "JOHN DOE #10", the last ten names being fictitious and unknown to the Plaintiffs, the persons intended being the Persons, if any, involved in the acts or omissions described in the Complaint, Defendants. -X 1 of 10

2 X 36 GRAMERCY PARK REALTY ASSOCIATES, LLC; COSMOPOLITAN PROPERTY ACQUISITION COMPANY, Third-Party IndeX No.: LLC, MMANN LLC; MANN MANAGEMENT, INC. D/B/A /2015 MANN REALTY ASSOCIATES; and MAURICE A. MANN, Third-Party Plaintiffs, ARDENT INVESTMENTS LLC; J. MAURICE HERMAN and MICHAEL OFFIT, Party Defendants X 36 GRAMERCY PARK REALTY ASSOCIATES, LLC; 320 E. 22ND REALTY ASSOCIATES, LLC; Index No / W. 74TH STREET REALTY ASSOCIATES, LLC; 150 W. 82ND STREET REALTY ASSOCIATES, LLC; Action No.: E. 76TH STREET REALTY ASSOCIATES, LLC; COSMOPOLITAN PROPERTY ACQUISITION COMPANY, LLC; MMANN LLC; MANN MANAGEMENT, INC. D/B/A MANN REALTY ASSOCIATES and MAURICE A. MANN Plaintiffs, -against- Third- -against- ROSEMARIE A. HERMAN, individually, and in any representative capacity she asserts, Defendants. -X 2 of 10

3 PLEASE TAKE NOTICE, that the plaintiffs in the above-captioned Action Number 1, specifically, ROSEMARIE A. HERMAN, ("Rosemarie") individually, as beneficiary of the trust Trust" created by Harold Herman as Grantor under agreement dated March 1, 1990 (the "1990 Trust") and as beneficiary of the trust created by Rosemarie A. Herman as Grantor dated November 27, Trust" 1991 (the "1991 Trust") and on behalf of MAYFAIR YORK LLC, WINDSOR PLAZA LLC, a New York Limited Liability Company, AVON BARD LLC, MERIT MANAGEMENT LLC, PRIMROSE MANAGEMENT LLC, KEYSTONE MANAGEMENT LLC (the "LLCs") and as Natural Guardian of plaintiffs G.I.E. and J.A.E.,l J.A.E., individually, as beneficiaries of the 1990 Trust and 1991 Trust, and Rosemarie as Defendant in Action Number 2, hereby appeal to the Supreme Court of the State of New York, Appellate Division, First Department, from each and every part of the Judgment, entered April 27, 2018 and filed May 1, 2018, including, but not limited to, each and every part of each and every interlocutory Order. A true and complete copy of the foregoing Judgment, redacting the names of the minor plaintiffs, is attached hereto as Exhibit 1. ' Initials are used pursuant to Rule 202.5(e) because these two parties are minors. 3 of 10

4 Dated: New York, New York May 29, 2018 LAW OFFICES OF CRAIG AVEDISIAN, P.C. JASPAN SCHLESINGER LLP By: By: Craig AvedÍsian, Esq. Steven R. Schlesinger, Esq. One Grand Central Place Jessica Baquet, Esq. 60 East 42nd Street, 40th Floor 300 Garden City Plaza, 5th Floor New York, New York Garden City, New York (212) (516) Attorneys for Plaintiffs-Appellants in Action 1 and Defendant-Appellant in Action 2 TO: Kathleen M. Sullivan, Esq. M. Darren Traub, Esq. Michael B. Carlinsky, Esq. AKERMAN LLP William B. Adams, Esq. 666 Fifth Avenue, 20th Floor Emily Van Tuyl, Esq. New York, New York QUINN EMANUEL Telephone: (212) URQUHART & SULLIVAN, LLP darren.traub@akerman.com 51 Madison Avenue, 22nd Floor New York, New York Telephone: (212) kathleensullivan@quinnemanuel.com michaelcarlinsky@quinnemanuel.com williamadams@quinnemanuel.com emilyvantuyl@quinnemanuel.com Theodore S. Steingut, Esq. 152 Madison Avenue, 14th Floor New York, New York Telephone: (212) tsteingut@gmail.com Attorney for for: J. Maurice ÎIerman and Ardent Investments LLC Sean E. O'Donnell, Esq. Stephanie L. Gal, Esq. AKIN GUMP STRAUSS HAUER & FELD LLP One Bryant Park New York, New York Attorneys for: Telephone: (212) Gramercy Park Realty Associates, LLC, Facsimile: (212) E. 22nd Realty Associates, LLC; sodonnell@akingump.com 10 W. 74th Street Realty Associates, LLC; sgal@akingump.com 150 W 82nd Street Realty Associates, LLC; 425 E. 76th Street Realty Associates, LLC; Attorneys for Michael Of)ìt Cosmopolitan Property Acquisition Company, LLC; MMann LLC; Mann Management, Inc. d/b/a Mann Realty Associates; and Maurice A. Mann 2 4 of 10

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6 FILED: NEW YORK COUNTY CLERK 05769/f01 21Ué. NYSCEF DOC. NO. 566 RECEIVED NYSCEF: 05/01/2018 F22 A SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK (COMMERCIAL DIVISION) ROSEMARIE A. HERMAN, individually, as ' Action No. 1 beneficiary of the trust created by Harold Herman as Grantor under agreement dated March 1, 1990 and as Index No /2012 beneficiary of the trust created by Rosemarie A. Herman as Grantor dated November 27, 1991 and on Hon. Shirley W. Kornreich behalf of MAYPAIR YORK LLC, WINDSOR PLAZA LLC, a New York Limited Liability Company, AVON BARD LLC, MERIT MANAGEMENT LLC, PRIMROSE MANAGEMENT LLC, KEYSTONE MANAGEMENT LLC by their 50% ownership of their membership interests; ROSEMARIE A. HERMAN as Natural Guardian forredacted REDACTED and REDACTED, individually, as beneficiaries of the trust created by Harold Herman as Grantor under agreement dated March 1, 1990 and as beneficiaries of the trust created by Rosemarie A. Herman as Grantor dated November 27, 1991, F"^~---- [,. JUDGiVIENT Plaintiffs, v. 36 GRAMERCY PARK REALTY ASSOCIATES, LLC; 320 E. 22ND REALTY ASSOCIATES, LLC; 10 W. 74TH STREET REALTY ASSOCIATES, LLC; 150 W. 82ND STREET REALTY ASSOCIATES, LLC; 425 E. 76TH STREET REALTY ASSOCIATES, LLC; COSMOPOLITAN PROPERTY ACQUISITION COMPANY, LLC; MMANN LLC; MANN MANAGEMENT, INC. D/B/A MANN REALTY ASSOCIATES; MAURICE A. MANN; "ABC COMPANY # I" through "ABC COMPANY #10", the last ten entities being fictitious and unknown to the Plaintiffs, the entities intended being the entities, if any, involved in the acts or omissions described in the Complaint; and "JOHN DOE # I" through "JOHN DOE #10", the last ten names being fictitious and unknown to the Plaintiffs, the persons intended being the Persons, if any, involved in the acts or omissions described in the Complaint, Defendants. I 1 of 5 6 of 10

7 FILED: NEW YORK COUNTY CLERK A] NYSCEF DOC. NO. 566 RECEIVED NYSCEF: 05/01/ GRAMERCY PARK REALTY ASSOCIATES, I LC; 320 E. 22ND REALTY ASSOCIATES, LLC; Action No W. 74TH STREET REALTY ASSOCIATES, LLC; 150 W. 82ND STREET REALTY Index No /2012 ASSOCIATES, LLC; 425 E. 76TH STREET REALTY ASSOCIATES, LLC; COSMOPOLITAN PROPERTY ACQUISITION COMPANY, LLC; MMANN LLC; IvtANN MANAGEMENT, INC. d/b/a MANN REALTY ASSOCIATES; and MAURICE A. MANN, Plaintiffs, v. ' ROSEMARIE A. HERMAN, individually, and in any representative capacity she asserts, Defendants, Rosemarie A, Herman, individually, as beneficiary of the trust created by Harold Herman as Grantor under agreement dated March I, 1990 and as beneficiary of the trust created by Roseinarie A. Herman as Grantor dated November 27, 1991 and on behalf of Mayfair York LLC, Windsor Plaza LLC, a New York Limited Liability Company, Avon Bard LLC, Merit Management LLC, Primrose Management LLC, and Keystone Management LLC by their 50% ownership of their membership interests, and as Natural Guardian forredacted andredacted REDACTED, individually, as beneficiaries of the trust created by Harold Herman as Grantor under agreement dated March 1, 1990 and as beneficiaries of the trust created by Rosemarie A. Herman as Grantor dated November 27, 1991 (Plaintiffs in the above-captioned Action I and Defendants in the above-captioned Action 2, hereinafter "Plaintiffs" ) having duly moved for partial summary judgment on their quiet title claim in Action 1, and 36 Gramercy Park Realty Associates, LLC, 320 E. 22nd Realty Associates, LLC, 10 W. 74th Street Realty Associates, 2 2 of 5 7 of 10

8 FILED: NEW YORK COUNTY CLERK 0 5½G!F "4 1 T 'i'.. A] NYSCEF DOC. NO. 566 RECEIVED NYSCEF: 05/01/2018 LLC, 150 W. 82nd Street Realty Associates, LLC, 425 E. 76th Street Realty Associates, LLC, Cosmopolitan Property Acquisition Company, LLC, MMann LLC, Mann Management, Inc. d/b/a Mann Realty Associates; and Maurice A. Mann (Defendants in Action 1 and Plaintiffs in "Defendants" Action 2, hereinafter "Defendants") having duly opposed said motion; The Court, by Decision and Orders, dated April 21, 2017, having originally granted Plaintiffs' motion;. Defendants having duly moved for renewal and for reargument, and Plaintiffs having duly opposed said motion; The Court, by Decision and Orders, dated February 6, 2018, having granted Defendants' motion for renewal and, upon renewal, having denied Plaintiffs' motion for partial summary judgment; The parties having agreed and stipulated that the reasoning in the Decision and Orders, dated February 6, 2018, requires judgment in Defendants' favor on Plaintiffs' quiet title claim (First Cause of Action), ejectment claim (Second Cause of Action), and replevin claim (Fourth Cause of Action) asserted in Plaintiffs' Verified Complaint in the above-captioned Action 1, and Defendants' declaratory judgment claim (First Claim for Relief) asserted in Defendants' Complaint in the above-captioned Action 2; The parties having agreed and stipulated that Plaintiffs' conspiracy claim (Third Cause of Action) and Defendants' injunctive relief claim (Second Claim for Relief) should be dismissed without prejudice; NOW, it is ADJUDGED that Defendants/Plaintiffs 36 Gramercy Park Realty Associates, LLC; 320 ; E. 22nd Realty Associates, LLC; 10 W. 74th Street Realty Associates, LLC; 150 W. 82nd Street I Realty Associates, LLC; 425 E. 76th Street Realty Associates, LLC; Cosmopolitan Property I 3 I 3 of 5 8 of 10

9 FILED: NEW. YORK COUNTY CLERK 05f /N11th21U!142. A NYSCEF DOC. NO. 566 RECEIVED NYSCEF: 05/01/2018 Acquisition Company, LLC; MMann LLC; Mann Management, Inc. d/b/a Mann Realty Associates; and Maurice A. Mann, have judgment against Plaintiffs/Defendants Rosemarie A. Herman; the trust created by Harold Herman as Grantor under agreement dated March 1, 1990; the trust created by Rosemarie A. Herman as Grantor dated November 27, 1991; and any other representative capacity Rosemarie. A. Herman asserts, including as natural guardian forredacted REDACTEDandREDACTED, on Plaintiffs' quiet title claim (First Cause of Action), ejectment claim (Second Cause of Action), and replevin claim (Fourth Cause of Action) asserted in Plaintiffs' Verified Complaint in the above-captioned Action 1, and Defendants' declaratory judgment claim (First Claim for Relief) asserted in Defendants' Complaint in the abovecaptioned Action2, and it is further ADJUDGED that Plaintiffs' conspiracy claim (Third Cause of Action) is dismissed without prejudice; and it is further ADJUDGED that Defendants' injunctive relief claim (Second Claim for Relief) is dismissed without prejudice; and it is further ADJUDGED that this Court shall retain jurisdiction over this matter for purposes of enforcing the terms of this judgment and the Stipulations executed by the parties on April 25, 2018 and So Ordered by this Court. Judgment signed thisî_ day of V NPJ.D' StilRLEY ENTER: E. ICH FILED n.shirley W. Kornre' h, J.S. MAY Clerk COUNTYCLERK'SOFFICE NEWYORK 4 4 of 5 9 of 10

10 FILED: NEW YORK COUNTY CLERK 053/90/E AI NYSCEF DOC. NO. 566 RECEIVED NYSCEF: 05/01/2018 ~ 5ZgcO/(z, r FILED L'ED.= AT v., I@if. -'1 t 2N ' / IZ-AQ <0 IO. iz-~ 0805 co.. ciks 5 ()f of 5 10 of 10

FILED: NEW YORK COUNTY CLERK 12/28/ :04 PM INDEX NO /2013 NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 12/28/2016

FILED: NEW YORK COUNTY CLERK 12/28/2016 01:04 PM INDEX NO. 810002/2013 NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 12/28/2016 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK X STEVEN C. HORN, Plaintiff,