PRESENT: HON. JOAN KENNEY, J.S.C X BPC ASSOCIATES, LP, Index No.

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1 At Part 8 of the Supreme Court of the State of New York, County of New York, Courthouse located at 71 Thomas Street, New York, NY on the day of November PRESENT: HON. JOAN KENNEY, J.S.C X BPC ASSOCIATES, LP, -against- Plaintiff, Index No.: ORDER TO SHOW CAUSE VITO LICARI and YAFFA SHEINA LICARI, X UPON THE READING AND FILING of the annexed affirmation of Brian J. Zimmet, Esq., dated the 6t~' day of November, 2014, and upon the proceedings had herein, DEFENDANTS ARE HEREBY ORDER TO SHOW CAUSE at Part 8 of the Supreme Court, County of New York to be held at the Courthouse located at 71 Thomas Street, New York, NY at a.m./p.m. on the day of, 2014, or as soon thereafter as counsel may be heard, why an ORDER should not be made and entered as follows: a. Granting the motion of Zimmet Bieber, LLP to withdraw and be relieved as the attorneys for Defendants; b. Staying all matters and proceedings in this action pending a determination of the within application and for a period of 30 days thereafter so as to permit Defendants an opportunity to retain new counsel; c. Granting such other further relief as may be just and proper. SUFFICIENT REASON APPEARING THEREFOR, it is: 1

2 ORDERED, that pending a hearing and determination of the within application, all further proceedings in this matter are hereby STAYED; and it is further ORDERED, that service of a copy of this ORDER and the papers upon which it was granted be made upon Defendants, VITO LICARI, at 1295 Fifth Avenue, Apt. 17G, New York, NY and YAFFA SHEINA LICARI, at 1295 Fifth Avenue, Apt. 17G, New York, NY 10029, by first class mail and via electronic mail on or before the _day of 2014, be deemed due and sufficient service; and it is further ORDERED, that service of a copy of this ORDER and the papers upon which it was granted be made upon Plaintiff's Counsel, Jeffrey A. Maidenbaum, Esq., Maidenbaum & Associates, PLLC, One Broadcast Plaza, Suite 218, Hetrick, NY 1156h by regular mail on or before the _day of, 2014 be deemed good and sufficient service. ENTER: J.S.0 2

3 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK X BPC ASSOCIATES, LP, -agains~- Plaintiff, Index No.: AFFIRMATION IN SUPPORT VITO LICARI and YAFFA SHEINA LICARI, X BRIAN ZIMMET, an attorney duly admitted to practice in the State of New York, affirms the following under penalties of perjury pursuant to the CPLR: 1. I am a member of Zimmet Bieber LLP, attorneys of record for VITO LICARI and YAFFA SHEINA LICARI, Defendants, in the instant action and have personal knowledge of the matters hereinafter set forth. I submit this affirmation in support of this firm's application to be relieved as counsel for 2. The instant motion is brought as a result of Defendants' refusal to communicate with our firm and assist in the defense of this matter. Defendants have also failed to pay our firm's legal fees in connection with services rendered in this matter. As a consequence, irreconcilable differences have developed between Defendants and the firm, causing a complete and irretrievable breakdown of the firm-client relationship. 3. No previous application for the relief sought herein has been made to this or any other Court. WHEREFORE, it is respectfully requested that this Court grant the motion of Zimmet Bieber LLP to withdraw from representation of the Defendants and for such other and further relief as this Court deems proper under the circumstances.

4 Dated: New York, NY November 6, 2014 Respectfully Submitted, 437 Madison Avenue, 40th Floor New York, NY (212)

5 Year: 201~ Inds' No.: SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK BPC ASSOCIATES LP, Plaintiff; -againstvito LICARI and YAFFA SHEINA LICARI, ORDER TO SHOW CAUSE ZIMMET BIEBER LLP Attorneys for' Defendants 437 Madison Avenue, 40`h Floor New York,lVew York (2l2} o: Atto~ ney(s) for Service of u copy of tfze tivithin is hereby admitted. Dated: pursuant to 22 NI'CRR , the z~ndej signerl, an attorney admitted to pf actice in the court ofnew York State, certifies t{aat upon information avrd belief and reasonable ingz~iry, the coratentio~as co~rtained in the annexed doci~fnent are not frivolous. Dated: Anjanagaur~i Koul, Esq. ZIMMET BtEBER LLP ~lttoineys for Defendant, Tasia Can2pbell 437 Madison Avenue, 40`h Floor To: Attorneys) for Plaintiff New York, New York (212)