FILED: NEW YORK COUNTY CLERK 06/15/ :03 PM INDEX NO /2016 NYSCEF DOC. NO. 128 RECEIVED NYSCEF: 06/15/2018

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1 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK x CAPITAL ONE TAXI MEDALLION FINANCE, Plaintiff, Index No / against - Queens County Clerk other court number 70/16 SAVAS TSITIRIDIS, AFFIRMATION OF ELIZABETH A. MOLINO Defendant. IN SUPPORT OF STIPULATION CANCELLING NOTICE OF PENDENCY x I, Elizabeth A. Molino, an attorney duly admitted to practice before the Courts of the State of New York, affirm under penalties of perjury as follows 1. I am a member of the bar of the State of New York and an attorney at the law firm of Skadden, Arps, Slate, Meagher & Flom LLP ("Skadden"), counsel for Plaintiff Capital One Taxi Medallion Finance in the above-captioned action. 2. I submit this affirmation pursuant to CPLR 6514(d) for the purpose of cancelling the Notice of Pendency filed in the office of the Queens County Clerk on July 22, 2016 under other court number 70/16, affecting premises known as No. 24, which premises is known and designated as Tax Block 485, Lot 9 in the Borough of Queens in the State of New York, and premises known as No. 25, which premises is known and designated as Tax Block 485, Lot 10 in the Borough of Queens in the State of New York. 3. Defendant Savas Tsitiridis has been served with process and has appeared in the above-captioned action by counsel. 1 of 9

2 4. I affirm that the foregoing statements are true and correct to the best of my knowledge. Dated New York, New York June d 2018 E ABETH A. MOIANO, ESQ. j 2 2 of 9

3 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK x CAPITAL ONE TAXI MEDALLION FINANCE, Plaintiff, Index No / against - Queens County Clerk other court number 70/16 SAVAS TSITIRIDIS, STIPULATION CANCELLING NOTICE OF PENDENCY Defendant x (" WHEREAS, Capital One Taxi Medallion Finance ("Capital One" One"), through its undersigned counsel, commenced the above-captioned action in the Supreme Court, New York County on March 28, 2016 under Index No /2016, affecting premises known as No. 24, which premises is known and designated as Tax Block 485, Lot 9 in the Borough of Queens in the State of New York, and premises known as No. 25, which premises is known and designated as Tax Block 485, Lot 10 in the Borough of Queens in the State of New York; and WHEREAS, on July 22, 2016, Capital One filed a Notice of Pendency against the above described premises in the office of the Queens County Clerk under other court number 70/16, a copy of which is annexed as Exhibit 1; and WHEREAS, Capital One has agreed to cancel the Notice of Pendency against the above described premises pursuant to an agreement between the parties. NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED that (i) pursuant to CPLR 6514(d), the Notice of Pendency, which was filed in the office of the Queens County Clerk under other court number 70/16 on July 22, 2016 against the property located in the 3 of 9

4 County of Queens, known as premises No. 24, which premises is known and designated as Tax Block 485, Lot 9 in the Borough of Queens in the State of New York, and as No. 25, which premises is known and designated as Tax Block 485, Lot 10 in the Borough of Queens in the State of New York, be, and hereby is, cancelled; and (ii) Capital One continues to reserve all rights, including those under (a) the loan modification agreements and releases, each dated November 7, 2017, entered into between Capital One and Defendant Savas Tsitiridis, on behalf of Kick Stand Trans LLC and Kolara Kolara Trans LLC, respectively; and (b) the tolling agreement, dated May 21, 2018, by and between the parties to the action captioned, Capital One Equipment Finance Corp. v. Tsitiridis, et al., Index No /2016 (Sup. Ct. N.Y. Cty.) (Masley, J.). DATED June _1_(_, ~(, 2018 New York, New York SKADDEN S, SLATE, MEAGHER EISENBERG & CARTON & FLOM By By G A. Z merman Lloyd M. Eisenberg li abet. olino 405 RXR Plaza Madelei P. MacNeil Uniondale, New York Four Ti es quare T New Y rk, ew York F T leisenberg@eisenbergcarton.com F george.zimmerman@skadden.com Attorneys for Savas Tsitiridis elizabeth.molino@skadden.com madeleine.macneil@skadden.com Attorneys for Capital One Taxi Medallion Finance Corp. 2 of 2 4 of 9

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6 I PRESENT INDEX NO /2016 SÙPREl COURT OF THE STAŸÊEd È EdR NEW YORK COUNTY JEFFREY JEFFBEY itey K. QINe Oltta.Ê PART N JusfIce f Index Number /2016 I CAPITAL ONE TAXI MEDALLION INDEXNO. VS. SITIRIDIS. SAVAS MOTIONDATE SEQUENCENUMBER 002 MOTIONSEQ.NO. TEMP.RESTRAININGORDER Thefollowingpapers,numbered1to, werereadonthis motionto/for Noticeof Motion/Order to ShowCause- Affidavits- Exhibits No{s). AnsweringAffidavits- Exhibits ) No{s). ReplyingAffidavits ) No(s). Uponthe foregoing papers,itisordered that this motion is ² O A' ttdn Ifrrc'~ rfrc/ctcri ~ c cccco c.cc Aa c Q Q I(cc f~/rg fr./re <f jc </"'F '~W, b.' Sc 3u cvwm dlia M b ~. 4'~ g q 0 a.' w Qp!3 n. u) z IC ro I p g or ~ O g Ul MP O P Dated + 5~ J.S.C. J.S.C. 1. CHECKO NE... 0 CASEDISPOSED 6DN-FINAL ON-FlNALDISPOSITION 2. CHECKASAPPROPRIATE...MOTIONISDGRANTED ODENIED OGRANTEDINPART THER 3. CHECKIFAPPROPRIATE....--'. 0 SETTLEORDER Q SUBMITORDER DONOTPOST 1))) 19 of 43 0 FIDUCIARYAPPOINTMENT OREFERENCE 6 of 9

7 SUPREME COURT OP THE STATE OF NEW YORK COUNTY OF NEW YORK ph C, A o, O x CAPITAL ONE TAXI MEDALLION FINANCE, Index No /2016 Plaintiff,. (Oing, J.) - against- STIPULATION AND ORDER r SAVAS TS1TIIUDIS, x Defendant... IT IS HEREBY STIPULATED AND AGREED, by andbetweenthe undersigned counselfor the parties, that Plaintiff's pending motion for a Pre-JudgmentOrder of Attachment anda Temporary Restraining Order (Motion SequenceNo. 2) hereby is resolved asfollows 1. Pendingthe final outcome of this action ends related action Capital One EquipmentFinance Coro..v. Tsitiridis. et at, pending in this Court under Index Number /2016(the "Related Action" Action") (including, with respectto both actions, any appeals),there shall beno further transfer, conveyanceor encumbranceof any or all the real properties known asandlocatedat (a) 161Hudson Street,Unit 7A, County, City and Stateof New York (the Property" "HudsonProperty") and (b) Vernon Boulevard and Vérnon Boulevard, County of Property" Queens,City and Stateof New York (the "Vernon Property") to the extent that suchproperties previously were or are currently held directly or indirectly by Defendant and/or Silke Tsitiridis, namely, 100%with respectto the Húdson Property and 50% with respectto the Vernon Property., t 2. Pendirig the final outcome of this action andthe RelatedAction (including, with to both actions, any appeals),plaintiff shall not attempt in this or any other action to 12 of 43 '1lof3 3 7 of 9

8 further attachor restrain any other assetson accountof the claims setforth in this action, the RelatedAction or any action brought on accountof the "Medallion Loan Guarantees," asthat term is defined in the affidavit of JohnP. O'Gorman, sworn to May 24, 2016, and submitted in supportof the pending motion for an attachment. Por the avoidanceof doubt, nothing in this paragraphor in this stipulation is intendedto affect or limit in any way Plaintif Ps rights with respectto claims not referencedin this Paragraphagainstpersonsotherthan Defendant and/or Silke Tsitiridis andthe entities ownedby them directly or indirectly and,subject to Paragraph4.. hereof, this Stipulation shall not affect any rights Plaintiff allegesit hasto attach,foreclose upon, or otherwise encumberany property (suchastaxi medallions andvehicles) collateralizing the loansfor which Capital Onehasallegedwere guaranteedby Defendant or any alleged defensesto the same. 3. Plaintiff may file this Stipulation in the same.mannerasa Notice of Pendency pursuantto CPLR Article 65 with respectto the Hudson Property and thevernon Property, and anypersonor entity whose conveyanceor encumbranceis recordedafter the filing of this Stipulation shall be bound by all proceedingssubsequentlytaken in this action and the Related Action. Plaintiff shall take whatever stepsarenecessaryto cancelthe effect of suchfiling when this Stipulation is no longer effective pursuantto the terms hereof. 4. Other than for purposesof the enforcementof this Stipulation, this Stipulation shall not haveany effect on, or evidentiary value with respectto, any claim or defensein this action, in the RelatedAction or in anyotheraction, including but not limited to with respectto (a),thevalidity or enforceability of the direct or indirect transfersto dateof the Hudson Property andthe Vernon Property at issuein Plaintif Ps pending motion for an attachmentandin the RelatedAction and/or (b) the validity or enforceability of thetrusts now holding those. 2 2 of 3 12 of 43 8 of 9

9 properties,directly or indirectly. Dated June 10, 2016 SKADDEN, ARPS, SLATB, MEAGHER FLOM EISENBERG & CARTON By Byobe, Dunn Lloyd M. Eisenberg Four Times Square Main Street, Suite 101 New York, New York Port Jefferson,New York (212) (631) Attorneysfor Plaintiff Attorneys for Defendant SO ORDE q ~tx l00. <ytyy Sc. do D2-- Åmisyn.ossa A.. J.S.C. f 3 3 of 3 13 of 43 9 of 9