FILED: NEW YORK COUNTY CLERK 06/18/ :58 PM INDEX NO /2017 NYSCEF DOC. NO. 69 RECEIVED NYSCEF: 06/18/2018

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1 Form Compliments of: DICK BAILEY APPELLATE PRINTING SPECIALISTS SUPREME County of NEW Court of the State of New York YORK LSQ FUNDING GROUP, LC. NOTICE OF APPEAL PLAINTIFF, Index No.: V. DANIEL WERTHER and CAROLINE GITTIS WERTHER a/k/a CAROLINE WERTHER, /17 DEFENDANTS. X PLEASE TAKE NOTICE that (insert appellant(s) name) WERTHER DANIEL WERTHER and CAROLINE GITTIS hereby appeals to the Appellate Division of the Supreme Court of the State of New York, First.. JUDGMENT Judicial Department, from a(n) (insert judgment, order, decree, decision, etc.) SUPREME NEW YORK County, dated JUNE 12, Dated: WHITE JUNE PLAINS,New 18 York, 20¹8 Yours, etc., To: (Insert below the name and address of the clerk of the trial Court and the names and address of all adversaries) KURZMAN EISENBERG CORBIN 8 LEVER, LLP ONE NORTH BROADWAY WHITE PLAINS, NEW YORK ATTN.: BRUCE W. BIEBER, ESQ. Firm Name, Yo ame, A dress, Telephone MITCHELL J. BAKER BAKER, LESHKO, SALINE 8 DRAPEAU, LLP ONE NORTH LEXINGTON AVENUE WHITE PLAINS, NEW YORK MBAKER@BAKERLESHKO.COM Form Complimentsof: DICKBAILEYAPPELLATE PRINTING SPECIALISTS of 8

2 Form Compliments of: DICK BAILEY APPELLATE PRINTING SPECIALISTS (800) SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK -L-5-6-V-üë- â â â â â â â â â â â â â â â â â â â â â â â LSQ FUNDING -õ-ñ-õ ÜP 2, X X L.C., -against-- Plaintiff, Index No.: /2017 DANIEL WERTHER and CAROLE GITTIS WERTHER a/k/a CAROLINE WERTHER, Defendants. PRE-ARGUMENT STATEMENT X 1. TITLE: LSQ FUNDING GROUP, LC., PLAINTIFF-RESPONDENT VERSUS DANIEL WERTHER AND CAROLINE GITTIS WERTHER, DEFENDANTS-APPELLANTS. 2. FULL NAME OF ORIGINAL PARTIES: LSQ FUNDING GROUP, L.C. DANIEL WERTHER CAROLINE GITTIS WERTHER 3. ANY CHANGE OF PARTIES: NONE 4. NAME, ADDRESS AND TELEPHONE NUMBER OF COUNSEL FOR EACH APPELLANT OR PETITIONER: MITCHELL J. BAKER, BAKER, LESHKO, SALINE 8 DRAPEAU, LLP, ONE NOTH LEXINGTON AVENUE, - WHITE PLAINS, NEW YORK of 8

3 Form Compliments of: DICK BAILEY APPELLATE PRINTING SPECIALISTS (800) NAME, ADDRESS AND TELEPHONE NUMBER OF COUNSEL FOR EACH RESPONDENT: BRUCE W. BIEBER, KURZMAN EISENBERG CORBIN 8 LEVER, LLP, ONE NORTH BROADWAY, WHITE PLAINS, NEW YORK COURT AND COUNTY FROM WHICH APPEAL IS TAKEN: SUPREME COURT, NEW YORK COUNTY 7. ORDER/JUDGMENT APPEALED FROM: THE JUDGMENT OF THE CLERK OF THE COUNTY OF NEW YORK, DATED JUNE 12, 2018 AS WELL AS THE UNDERLYING ORDERS OF THE COURTS, KOTLER, J., DATED APRIL 16, ANY RELATED ACTION OR PROCEEDING PENDING: LSQ FUNDING GROUP, LC. v. WERTHER - NEW YORK COUNTY - INDEX NO /2017 LSQ FUNDING GROUP, LC. v. WERTHER - SUFFOLK COUNTY - INDEX NO / NATURE AND OBJECT OF CAUSE OF ACTION: THE ACTIONS ARE BASED ON A FRAUDULENT CONVEYANCE. 10. RESULT REACHED IN COURT BELOW: THE COURT BELOW DISMISSED THE COUNTERCLAIM AND AFFIRMATIVE DEFENSNES OF DEFENDANT CAROLINE WERTHER GITTIS REGARDING THE EFFICIACY OF THE UNDERLYING JUDGMENT AS IT APPLIED TO HER PROPERTY. THE COURT BELOW ALSO GRANTED PLAINTIFF ATTORNYES' FEES AND COSTS ON THE MOTION. THE PARTIES CONSENTED TO THE JUDGMENT, DATED JUNE 12, GROUNDS FOR SEEKING REVERSAL/ANNULMENT/MODIFICATION: THE COURT BELOW IMPROPERLY GRANTED THE APPLICAITON TO DISMISS THE COUNTERLCAIM AND THE AFFIRMATIVE DEFENSES EVEN THOUGH THE DUE PROCESS RIGHTS OF CAROLINE GITTIS WERTHER WERE IMPACTED WITHOUT HER HAVING A RIGHT TO BE HEARD. THE AWARD OF ATTORNEYS' FEES AND COSTS WERE ALSO IMPROPERLY GRANTED. THE ASSERTION OF HER RIGHTS WAS NOT FRIVILOUS AND OTHERWISE IMPROPER AS THE COURT FOUND. 2 3 of 8

4 Form Compliments of: DICK BAILEY APPELLATE PRINTING SPECIALISTS (800) ADDITIONAL APPEAL IN THIS ACTION: DANIEL WERTHER AND CAROLINE GITTIS WERTHER APPEALED THE UNDERLYING ORDERS OF THE COURT BY NOTICE OF APPEAL DATED MAY 9, Dated:JUNE 18, 2018 etc.: MITCHELL J. BAKER BAKER, LESHKO, SALINE 8 DRAPEAU, LLP ONE NORTH LEXINGTON AVENUE WHITE PLAINS, NEW YORK To: BRUCE W. BIEBER KURZMAN EISENBERG CORBIN 8 LEVER, LLP ONE NORTH BROADWAY WHITE PLAINS, NEW YORK of 8

5 F11a 51) : 5 5 W X UKA CU UNI X Ula5KA U 07"t' 0 Z'7 3V15"~U7: 1V ' M NYSCEF DOC. NO RECEIVED NYSCEF: 06/12/2018 RECEIVED NYSCEF: 06/18/2018 /' SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK X LSQ FUNDING GROUP, L.C., -against - Plaintiff, DANIEL J. WERTHER and CAROLINE GITTIS WERTHER a/k/a CAROLINE WERTHER, Index No PARTIAL JUDGMENT FOR COSTS AND ATTORNEYS' FEES Defendants X Upon the SummonsandVerified Complaint of Plaintiff, LSQ Funding Group, L.C. ("Plaintiff" ("Plaintiff"), datedand filed March 1, 2017; the Verified Answer and Counterclaims of Defendants,Daniel J. Werther andcaroline Gittis Werther a/k/a Caroline Werther (collectively, "Defendants" "Defendants"), verified on December22, 2017; Plaintiffs Notice of Motion to Dismiss Counterclaimsand Affirmative Defenses,datedFebruary 1, 2018; the Affirmation in Support of Motion to Dismiss, datedfebruary 1, 2018; the Memorandum of Law datedfebruary 2, 2018, submittedin support of Plaintiffs Motion to Dismiss Counterclaims andaffirmative Defenses; the Affirmation in Opposition of Motion to Dismiss, datedfebruary 15,, 2018; the Memorandum of Law of Defendantsin Opposition to the Motion to Dismiss the Counterclaims and Affirmative Defenses,datedFebruary 15, 2018; the Reply Memorandum of Law in Further Support of Plaintiff's Motion to Dismiss Counterclaims andaffirmative Defenses,datedFebruary 21, 2018; the Court having issueda Decision, datedapril 16, 2018, wherein (a) Plaintiff's Motion to Disniiss Counterclaims and Affirmative Defenseswas grantedin its entirety; (b) Defendants' counterclaimsand affirmative defenseswere dismissedin their entirety; (c) Plaintiff was awardedcostsand attorneys' fees; and (d) Plaintiff was directed to, inter alia, serve a copy of the 1 Qf 3 5 of 8

6 prinzu: asw zons 'XX' * zvie"-c7r1v' touerrx thsxa v oy".rz"/ 4'VLC5 8'O'J.5 X'V LM n NYSCEF DOC. NO. 67 RECEIVED NYSCEF: 06/12/2018 DecisionandOrderupontheSpecialRefereeClerkforthepurposeof schedulingahearingto determinethecostsand attorneys' fees("ordergrantingsanctions"); Sanctions" pursuant to anotice,dated April 24,2018,ahearingto determinethe attorneys' feesandcostswasscheduledbeforea JHO/Special RefereetobeconductedonJune4,2018;and,ratherthanproceedwithahearing, PlaintiffandDefendantshavingstipulatedandagreed,by StipulationandOrderfor Sanctions, datedjune1,2018țhatplaintiffisentitledtotheentryof apartialjudgment againstdefendants, jointly andseverally, in theamountof $24,717.93, andthatstipulationandorderfor Sanctions havingbeenso-orderedbythecourt Plaintiff,it is NOW,upontheapplicationof KurzmanEisenberg, Corbin4 Lever,LLP,attorneysfor ADJUDGED, thatplaintift LSQFundingGroup,L.C.,withanofficeforthetransaction of business locatedat2600lucienway,suite100,maitland,florida32751,recoverjudgment againstdefendants, DanielJ.Werther,residingat911ParkAvenue,Apt 10B,NewYork,New York10075,andCarolineGittisWerthera/k/aCarolineWerther,residingat911ParkȦvenue, Apt. 1OB,NewYork,NewYork 10075, jointly andseverally, in theprincipalamountof Twenty- FourThousad SevenHun d SeventeenDollarsand93/100($24,717.93) ~ ckt6 ~. ]~Kw~l SÀd - ~ ~k JUDOMENTSIGNEDTHIStW IW DAY OFJUNE,2018. (gg,o ) D CL4 ghâ 4 ggljht" ggvh~ )g I t tats g>s ~~Rw0+ ~ gg81l 2 qs gs 2 of 3 6 of 8

7 riosu :e asw runs cuuarrz cusxa v zvitr~or:1v' otrry ar% J.CS VW! XM an NYSCEF DOC. NO RECEIVED NYSCEF: 06/12/2018 RECEIVED NYSCEF: 06/18/2018 SUPREMECOURTOFTHESTATEOFNEWYORK COUNTYOPNEWYORK X LSQFUNDINGGROUP,L.C., Plaintiff, - against- IndexNo /2017 DANIELJ.WERTHERandCAROLINEGRITTIS WERTHERa/k/aCAROLINEWERTHER, Defendants X 3 ~6 ++I' l KurzmanEisenbergCorbin& Lever,LLP Attorneysfor Plaintif OneNorthBroadway,12thFloor WhitePlalns,NewYork10601 (914) j-3 FILE@ D C PPg~ yu N AT 3;/D N.Y.,CO.CUCSOFT105 3 of 3' 7 of 8

8 AFFIRMATION OF SERVICE MITCHELL J. BAKER, an attorney duly admitted to practice before the Courts of the State of New York, hereby affirms the following to be true pursuant to Civil Practice Law and Rules Section 2106: 1. I am over eighteen (18) years of age and am not a party to this action. I reside in Irvington, New York 2. On June 18, 2018 I served the within Notice of Appeal, Pre-Argument Statement and Judgment by depositing a true copy thereof in a sealed envelope, postage prepaid, within an official depository of the United States Postal Service located in the City of White Plains, State ofnew York addressed to: Kurzman Eisenberg Corbin & Lever, LLP One North Broadway White Plains, New York Attn.: Bruce Bieber, Esq. Dated: White Plains, New York June 18, of 8