&tyrant Court of tbe &tate of Petu Pork Couutp of griu Pork

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1 &tyrant Court of tbe &tate of Petu Pork Couutp of griu Pork JACK ELO, ELO GROUP LLC and ELO REALTY CORP., X Plaintiffs, PROOF OF SERVICE against Index No /15 BILL BOUZAS, ALFA MECHANICAL CONTRACTING, INC. and ALFA MECHANICAL AND HEATING LLC, Defendants. X ERIC S. HOROWITZ, an attorney duly admitted to practice of law before the Courts of this State, hereby affirms the following as true under the penalty of perjury: 1. On August 7, 2017, I personally served Certified Copies of this Court's Order dated July 27, 2017 (copy attached), upon (1) the Clerk of the Civil Court of the City of New York, County of New York, 111 Centre Street, New York, New York, and (2) the Clerk of the City Court of the City of New York, County of Kings, 141 Livingston Street, Brooklyn, New York, by hand-delivering said Certified Copies to each such Clerk's Office. 2. On August 7, 2017, I personally served a copy this Court's Order dated July 27, 2017 with Notice of Entry, upon the County Clerk of the New York County Supreme Court by e- filing same, together with a Notice to County Clerk under CPLR Section 8019(c), in accordance with the instructions given to me by the County Clerk's Office. 1 of 10

2 3. On August 7, 2017, I personally served a copy of this Court's July 27, 2017 Order with Notice of Entry upon the Clerk of the Trial Support Office by hand-delivering same to the Trial Support Office located in Room 158(M) of 60 Centre Street, New York, New York. 4. On August 7, 2017 I personally served a copy of this Court's July 27, 2017 Order with Notice of Entry upon Silberzweig & Sznitken, Esqs., attorneys for Defendants herein, by e- filing same with the Court. Dated: New York, New York August 7, 2017 Eric S. Hor i witz 2 2 of 10

3 6uprente Court of the *tate of _Rein Pork Qountp of gap pork X JACK ELO, ELO GROUP LLC and ELO REALTY CORP., Plaintiffs, NOTICE OF ENTRY against Index No /15 BILL BOUZAS, ALFA MECHANICAL CONTRACTING, INC. and ALFA MECHANICAL AND HEATING LLC, Defendants. x RECEIVED AUG NYS SUPREME COURT. CIVIL TRIAL SUPPORT OFFICE PLEASE TAKE NOTICE, that the within is a true copy of a Decision and Order in the captioned action, which was duly entered in the Office of the Clerk of the Supreme Court of the State of New York, County of New York, on July 31, Dated: New York, New York August 7, 2017 Respectfully submitted, ZANE AND RUDOFSKY Attorneys for Plaintiffs The Starrett Lehigh Building 601 West 26th Street 1315 New Yor (212 By: Eric S. Horowitz 3 of 10

4 TO: SILBERZWEIG & SZNITKEN, ESQS. Attorneys for Bill Bouzas, Alfa Mechanical Contracting, Inc. and Alfa Mechanical And Heating, LLC (Via ECF) CLERK, Trial Support Office Supreme Court, New York County 60 Centre Street Room 158 M New York, New York (Via Hand Delivery) COUNTY CLERK Supreme Court, New York County 60 Centre Street Room 141B New York, New York ( Via Hand Delivery) 2 4 of 10

5 FILED: NEW YORK COUNTY CLERK 07/31/ :59 Ami INDEX NO /2015 NYCEF DOC. NO. 41 RECEIVED NYSCEF: 07/31/2017 SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY PRESENT: Eio,'Sokk , 6;11 The following papers, numbered 1 to HON. ROBERT R. REED J.S.C. Justice, were read on this motion to/for Notice of Motion/Order to Show Cause Affidavits Exhibits Answering Affidavits Exhibits Replying Affidavits PART 45 INDEX N0. i V 7,O "0/ c MOTION DATE MOTION SEQ. NO I No(s). I No(s). J No(s). Upon the foregoing papers, it is ordered that this motion is dteici kd iva ateole,tavief wi-ha +iv( c 444 tied cifta;0a 4,14d I- 0 I- LL CC >- Z 0 I- 0 I- uj W Z e Wce < 2 C2 uj 0 t- 1= re u_ Dated: 1. CHECK ONE: E CASE DISPOSED p< NON-FINAL DISPOSITION 2. CHECK AS APPROPRIATE: MOTION IS: GRANTED EDENIED 0 GRANTED IN PART 0 OTHER 3. CHECK IF APPROPRIATE. 0 SETTLE ORDER El SUBMIT ORDER CI DO NOT POST 0 FIDUCIARY APPOINTMENT P REFERENCE 1 of 4 5 of 10

6 (FILED: NEW YORK COUNTY CLERK 07/31/ :59 ANA INDEX NO /2015 NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 07/31/2017 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK: PART 43 JACK ELO, ELO GROUP LLC, and ELO REALTY CORP. -against- Plaintiff, BILL BOUZAS, ALFA MECHANICAL CONTRACTING, INC. and ALFA MECHANICAL AND HEATING LLC, X Index No.: DECISION/ORDER ROBERT R. REED, J.: Defendant. X. Upon the foregoing papers, the motion of plaintiffs Jack Elo, Elo Group LLC and Elo Realty Corp. to consolidate for the purposes of joint discovery and trial the above-captioned action, pending in this Court, with the following actions: 1. Alfa Mechanical & Heating LLC and Alfa Mechanical Contracting Inc. vs. Jack Elo and Elo Organization, LLC, Index No /2015 (Civil Court of the City of New Yqrk, County of New York) 2. Alfa Mechanical & Heating LLC and Alfa Mechanical Contracting Inc. vs. Jack Elo and Fortune JD LLC and D. Gayer & Sons, Inc., Index No /2015 (Civil Court of the City of New York, County of Kings) 3. Alfa Mechanical & Heating LLC and Alfa Mechanical Contracting Inc. vs. Jack Elo and JAEZ Realty LLC and Community National Bank, Index No /2015 (Civil Court of the City of New York, County of Kings) 4. Alfa Mechanical & Heating LLC and Alfa Mechanical Contracting Inc. vs. Jack Elo, Elo Equity, LLC and Community National Bank, Index. No /2015 (Supreme Court, County of New York) 5. Alfa Mechanical & Heating LLC and Alfa Mechanical Contracting Inc. vs. Jack Elo, JEMSCO Realty LLC and LaSalle Bank National Association, Index No /2015 (Supreme Court, County of New York) 6. Alfa Mechanical & Heating LLC and Alfa Mechanical Contracting Inc. vs. Jack Elo, Elo Capital, LLC and New York Community Bank, Index No /2015 (Supreme Court, County of New York) 7. Alfa Mechanical & Heating LLC and Alfa Mechanical Contracting Inc. vs. Jack Elo and Metropolitan 810 7'h Avenue, LLC, Index No /2015 (Supreme Court, County of New York) 8. Alfa Mechanical & Heating LLC and Alfa Mechanical Contracting Inc. vs. Jack Elo, 1190 AOA Member LLC, and Wells Fargo Bank, Index No /2015 (Supreme Court, County of New York) 9. Alfa Mechanical & Heating LLC and Alfa Mechanical Contracting Inc. vs. Jack Elo and Mutual Life Insurance of New York, Index No /2015 (Supreme Court, County of New York) 2 of 4 6 of 10

7 (FILED.: NEW YORK COUNTY CLERK 07/ 31/ :59 AM) INDEX NO /2015 NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 07/31/ Alfa Mechanical & Heating LLC and Alfa Mechanical Contracting vs. Jack Elo and Elo Equity, LLC, Index No /2015 (Supreme Court, County of New York) is GRANTED, pursuant to the attached Stipulation. Accordingly, it is hereby ORDERED that the Clerk of the Civil Court of New York, County of New York shall transfer the papers on file under Index No /2015 to the Clerk of this Court upon service of a certified copy of this order and payment of the appropriate fee, if any,and the County Clerk is directed to issue a "No Fee" Index Number to any case being transferred pursuant to this order; and it is further ORDERED that the Clerk of the Civil Court of New York, County of Kings shall transfer the papers on file under Index Nos /2015 and /2015 to the Clerk of this Court upon service of a certified copy of this order and payment of the appropriate fee, if any and the County Clerk is directed to issue a "No Fee" Index Number to any case being transferred pursuant to this order; and it is further ORDERED that the pleadings in the actions hereby consolidated shall stand as the pleadings in the consolidated actions; and it is further ORDERED that movant is directed to serve a copy of this order with notice of entry on the County Clerk (Room 14113), who shall consolidate the papers in the actions hereby consolidated and shall mark his records to reflect the consolidations, and it is further ORDERED that movant is directed to serve a copy of this order with notice of entry upon the Clerk of the Trial Support Office (Room 158M), who is hereby directed to mark the court's records to reflect the consolidations; and it is further ORDERED that counsel for all parties are directed to appear for a Preliminary Conference in Room 581, 111 Centre Street on September 14, 2017 at 9:30 a.m. This constitutes the Court's decision and order. 27 Date: July St, 2017 ENTER: 7/ of 4 7 of 10

8 (FILED: NEW YORK COUNTY CLERK 07/31/ : 59 AM) INDEX NO /2015 NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 07/31/2017 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK k: c# 10) e, / B, I , e-/- a 1 INDIVIDUAL ASSIGNMENT PART STIPULATION INDEX NO. 4P-5.1/1aRi*C. MOTION CALENDAR NO. DATE fhthe. IT IS HEREBY STIPULATED AND AGREED by and between the below-named attomey(s) as follows: g q:iffej.1-"feattprr---46w=frentrytoc-,1=2.1_exu4, as AMiger 7-71 a 4 G. 4/001 1 (AA apti/verielfili M04007 ) IC 6:4 131(4 Me h9nic.4) q.ilo to. J nc. N 110 c t c,,/ c dy of c at- A/),. mie, 40. b/pf*3/ts-; Cl/j Alf melhan,l41 j lie44.i LL e a! end I, v-ocil el.; eil7 01- if/ Ca,/ dielszidfi. A.4 CVO/13 hs; (ii) Thechcmc41 lie-dip LLG LA -ffed 4.4 s/?/ c6 -r7/1 of /( , e0,4 of 4 5; -7:yeley /Oa 0$10/114dir 4e. S t Sv ((me. CA.,,r1 0 F sic 4-- J- AP) ca.,a4/ Al) 6),e frion or-4 4Z- '3'.)>)4, Zo4e.ei Rem Date: 9 II c gt) Attorney for Plaintiff / e s-/ G gen-0 L i r Z, 4 N 41/44 Attorey ndant So Ordered. Attorney for Defendant ENTE J. S. c. HON. ROBERT R. REED J.S.C. scam p«'as) 4 of 4 8 of 10

9 No ti 4/Certificatidn.,. 0." :":". 1...,,:. 4 l,., \kk. I., \ V,,..1:.. t'... ilk '' 'i Vs. ; ).STATE OF NEW YORK, COUNTY OF NEW YORK, SSA, -, f L.. t. I 1 Milton. Adair Tinglifig,County Clerk and Cieric XSupr4,!el Curt New Y?rk-douritY1, '0, herepy certify tilt on. August 7, 2017 i have comp. red t the document attached hereto;, ORDEI3 page(s),4. *. - # (,..( ti i,.r *.0,. 1,.4 1 a..,."... a. I... - i ' P 1. I I: ) /) 1 N 4. it' i '. '. / 1 C.. I N I( ' with thi originals filed in my offite. and.the same is.a correct transcript." /..., *.. 4., I , therefrom and of the whole of such original in witness/ - r. whereto I have affixed, my signature and seal. 171,17/ait MILTON ADAIR TINGLING NEW YORK COUNTY CLERK AUG NEW YORK coutire rvilcoup-i 9 of 10

10 No Certification STATE OF NEW YORK, COUNTY OF NEW YORK, SS: I, Milton Adair Tingling, County Clerk and Clerk of Supreme Court New York County, do hereby certify that on August 7, 2017 I have compared the document attached hereto, ORDER page(s) 4 with the originals filed in my office and the same is a correct transcript therefrom and of the whole of such original in witness whereto I have affixed my signature and seal. Ra44. MILTON ADAIR T1NLING 1003 o\lomici NEW YORK COUNTY CLERK 10 of 10