At an I.A.S Part 53 of the Supreme Court of the State of New York, held in and for the County of New York at the Courthouse, 60 Centre Street, in the Borough of Manhattan, City, County and State of New York, on the day of August 2016 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK PRESENT: Hon. Charles E. Ramos, J.S.C. SUTTONGATE HOLDINGS LIMITED Plaintiff, -against- LACONM MANAGEMENT N.V., SAMIR ANDRAWOS, VIRGINIA IGLESIAS, KASHMIRE INVESTMENTS, LTD., IMMO KASHMIRE DEVELOPMENT INC., SEDNA GROUP LTD., KUIPER GROUP LTD., and OURISTA N.V. Index No. 652393/2015 Hon. Charles E. Ramos (Mot. Seq. No. 9) ORDER TO SHOW CAUSE Defendants. UPON READING AND FILING of the accompanying Affidavit of Charyn Powers, sworn to on August 10, 2016, and the exhibits thereto; the accompanying Affirmation of Renee Zaytsev, dated August 10, 2016 (the Zaytsev Aff. ), and the exhibits thereto; the accompanying Affirmation of Emergency of Renee Zaytsev, dated August 10, 2016; the accompanying Memorandum of Law dated August 10, 2016; and all pleadings and prior proceedings had herein; NOW, upon application of Olshan Frome Wolosky LLP, attorneys for plaintiff Suttongate Holdings Limited ( Suttongate ), and for good cause shown, it is hereby: 1 of 5
ORDERED that defendants Samir Andrawos, Virginia Iglesias, Laconm Management, N.V. ( Laconm ), Kashmire Investments, Ltd. ( Kashmire ), Immo Kashmire Development Inc. ( Immo Kashmire ), Ourista N.V. ( Ourista ), Sedna Group Ltd. ( Sedna ), and Kuiper Group Ltd. ( Kuiper ) (collectively, Defendants ), by their attorneys, show cause at the Supreme Court of the State of New York in and for the County of New York, at I.A.S. Part 53 thereof at the County Courthouse located at 60 Centre Street, Room 238, New York, New York, on the day of August 2016, at o clock.m., or as soon thereafter as counsel may be heard, why an Order should not be entered: 1. Pursuant to CPLR 6301, enforcing Suttongate s security interest in all rents, issues and profits of the properties, which are identified in the loan agreements at issue in this action and set forth on Schedule A hereto (the Properties ) by: a. Enjoining Defendants from taking any action with respect to the rents, issues, profits, or other income of the Properties other than to deposit such amounts into an escrow account under the control of their attorneys of record in the State of New York (the Escrow Account ), and further enjoining Defendants from withdrawing or using any portion of the escrowed funds without Suttongate s express written consent; and b. Directing Defendants to provide an accounting, within 30 days, of all rents, issues, profits, and other income of the Properties for the period June 1, 2015 through the date of this Order, and to return all monies not spent on expenses of the Properties to the Escrow Account; and 2 of 5
2. Pursuant to CPLR Article 31, directing Defendants to produce to Suttongate within ten days all documents responsive to Suttongate s Second Request for the Production of Documents, annexed as Exhibit A to the Zaytsev Aff.; and 3. Granting such other relief as the Court deems just and proper. IT IS FURTHER ORDERED that, pursuant to CPLR 6313, pending the hearing and determination of this motion, Defendants are hereby temporarily restrained and enjoined from taking any action with respect to the rents, issues, profits, or other income of the Properties other than to deposit such amounts into the Escrow Account, and are further temporarily restrained and enjoined from withdrawing or using any portion of the escrowed funds without Suttongate s express written consent; and IT IS FURTHER ORDERED that service of this Order to Show Cause, along with the papers upon which it is based, shall be served so as to be received by Defendants no later than August, 2016, by serving copies thereof by overnight delivery to Defendants counsel of record at the following addresses: (a) to defendant Samir Andrawos: Frank Franzino, 900 Third Avenue, 17 th Floor, New York, NY 10022; (b) to defendant Virginia Iglesias: Ralph Siciliano, Tannenbaum Helpern Syracuse & Hirschtritt LLP, 900 Third Avenue, New York, NY 10022; (c) counsel to defendants Laconm, Kashmire, Immo Kashmire, Ourista, Sedna, and Kuiper: John C. Gallagher III, Gallagher Law Offices PLLC, One Wolfs Lane, Suite 314, Pelham, NY 10803; and that such service shall constitute good and sufficient service; and IT IS FURTHER ORDERED that all affidavits and other papers in opposition to this motion, if any, shall be served so as to be received by the attorneys for plaintiff, Olshan Frome Wolosky LLP, 1325 Avenue of the Americas, New York, NY 10019, no later than, 2016; and all reply papers in further support of this motion, if any, shall be 3 of 5
served so as to be received by counsel of record for Defendants on or before, 2016. E N T E R: J.S.C. 4 of 5
SCHEDULE A PROPERTIES Description 1. Two lots containing completed offices/ warehouses, which are leased to DHL & Western Union (the DHL Property ). 2. Five lots, two of which (196/2004 and 287/2005) contain a partially-constructed office building (the Office Building ); three of which (196/2004, 197/2004, and 287/2005) are used by Defendants for their offices or other personal uses, as set forth below; and all of which contain space for an additional office or apartment building. 3. Three lots containing a partially-constructed apartment building, staircase, and parking lot (the Apartment Building ), together with space for an additional 27-unit apartment building. The Apartment Building also contains an antenna that is leased to a local telephone company (the Antenna ). Details Cole Bay 43 of 11/2005 Kashmire Cole Bay 45 of 10/2005 Kashmire Plantation 196/2004 Kashmire Plantation 197/2004 Kashmire Plantation 368/2005 Kuiper Plantation 369/2005 Kuiper Plantation 287/2005 Kuiper Sunset Hill 223/2007 Kashmire Sunset Hill 141/2008 Sedna Sunset Hill 142/2008 Kashmire 5 of 5