FILED: NEW YORK COUNTY CLERK 08/29/ :37 PM INDEX NO /2012 NYSCEF DOC. NO. 354 RECEIVED NYSCEF: 08/29/2016

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1 FILED: NEW YORK COUNTY CLERK 08/29/ :37 PM INDEX NO /2012 NYSCEF DOC. NO. 354 RECEIVED NYSCEF: 08/29/2016 COUNTY OF NEW YORK X ZELIG ZELTSER and THREE STAR CAPITAL, LLC, Index No.: /2012 -against- ORDER WITH NOTICE OF ENTRY EMMONS ACQUISITION, LLC, X Assigned to: Hon. Kelly A. O Neill-Levy PLEASE TAKE NOTICE, that the within is a true copy of an Order dated August 25, 2016 duly entered in the Office of the Clerk of the within named Court on August 26, Dated: New York, New York August 29, 2016 Yours, etc., /s/ Melvin B. Berfond MELVIN B. BERFOND Attorney for Plaintiffs 277 Broadway, Suite 810 New York, New York (212) of 5

2 TO: CLERK OF THE TRIAL SUPPORT OFFICE KROL & O CONNOR Attorneys for Defendants 320 West 81 st Street New York, New York (212) ALSTON & BIRD LLP Attorneys for Defendant EMMONS ACQUISITION, LLC 90 Park Avenue New York, New York (212) of 5

3 FILED: NEW YORK COUNTY CLERK 08/26/ :15 AM INDEX NO /2012 NYSCEF DOC. NO. 353 RECEIVED NYSCEF: 08/26/2016 NEW YORK COUNTY PRESENT: Xi y Justice PART / 0 Y A it "a' / 0-?.r -v- /34) /e0 K. Ain tit CA". INDEX NO. 6 5/ g V6/ MOTION DATE MOTION SEQ. NO. /5- The following papers, numbered 1 to, were read on this motion to/for Notice of Motion/Order to Show Cause Affidavits Exhibits Answering Affidavits Exhibits Replying Affidavits No(s). I No(s). No(s). Upon the foregoing papers, it is ordered that this motion is MO TI ON/CASE IS RESPECTFULLY REFERRED TO JUSTICE FOR THE FOLLOWING REASON(S): Decided in accordance with the accompanying memorandum decision/order Dated: HON, KELL O'NEILL LEVY J.S.C. 1. CHECK ONE: El CASE DISPOSED 1t.-1qt5NFINAL DISPOSITION 2. CHECK AS APPROPRIATE: MOTION IS: GRANTED 0 DENIED El GRANTED IN PART C] OTHER 3. CHECK IF APPROPRIATE: 0 SETTLE ORDER 0 SUBMIT ORDER CI DO NOT POST FIDUCIARY APPOINTMENT CI REFERENCE 13 of 25

4 COUNTY OF NEW YORK: PART 19 ZELIG ZELTSER, and THREE STAR CAPITAL, LLC, - against - GENNADY (a/k/a EUGENE) BOROKHOVICH, LAVANDA & BLUES LLC, 2814 EMMONS LLC, EMMONS ACQUISITION, LLC, 2148 OCEAN AVE LLC, OCEAN AVENUE LLC, DECISION AND ORDER Index No /2012 Mot. Seq. 015 KELLY O'NEILL LEVY, J.: X Plaintiffs move, by order to show cause, for a special trial preference on the ground that the plaintiff Zelig Zeltser has reached the age of seventy (70) years. Defendants (other than Emmons Acquisition LLC) oppose this application arguing that plaintiffs delayed moving for such relief. Pursuant to CPLR 3403(a)(4), plaintiff is entitled to the preference as plaintiff Zelig Zeltser has reached the age of 70 years. Accordingly, it is hereby, ORDERED that the motion for a special trial preference is granted; and it is further ORDERED that counsel for the movant, shall within 15 days from entry of this order, serve a copy of this order with notice of entry on all parties and upon the Clerk of the Trial Support Office, who is hereby directed to place this case on the trial calendar at the head of said calendar except for actions in which a preference was previously granted. This constitutes the decision and order of the court. Date: August 2016 HON. KELLY O'NEILL LEVY ipt,4,c2.-e, J.S.0 y 24 of 25

5 Index No.: /12 COUNTY OF NEW YORK ZELIG ZELTSER and THREE STAR CAPITAL, LLC, - against EMMONS ACQUISITION, LLC, ORDER WITH NOTICE OF ENTRY MELVIN B. BERFOND Attorney for Plaintiffs Office and Post Office Address 277 Broadway, Suite 810 New York, New York Tel (212) Fax (212) To: Service of a copy of the within is hereby admitted. Dated: Attorney(s) for of 5