SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - x RUBEN ELBERG, individually and derivatively on behalf of ROYAL CP HOTEL HOLDINGS LP, and ROYAL HI HOTEL HOLDINGS LP, Plaintiff, v. CRABAPPLE CORP., and TAMARA PEWZNER individually, as co-executor and co-trustee of the Estate of Jacob Elberg, and as court-designated Manager of ROYAL ONE REAL ESTATE, LLC, ROYAL REAL ESTATE MANAGEMENT LLC, ROYAL LIC REAL ESTATE MANAGEMENT LLC, Defendants, and ROYAL ONE REAL ESTATE, LLC, ROYAL REAL ESTATE MANAGEMENT LLC, ROYAL LIC REAL ESTATE MANAGEMENT LLC, ROYAL HOTEL & RESORTS LLC, ROYAL CP HOTEL HOLDINGS LP, ROYAL HI HOTEL HOLDINGS LP, ZHU QING, FENG LI, MENGSHA CHEN, RUIZHEN WANG, HONG GE, QIN SI, YANG ZHANG, ZHE FANG, and XU NING, Nominal Defendants. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - X Index No. 653373/2016 (Ramos, J.S.C.) [Mtn. Seq. # 1] SETTLEMENT OF ORDER PLEASE TAKE NOTICE that the annexed proposed order will be presented to Justice Charles E. Ramos at Part 53 of this Court at 60 Centre Street, Room 238, New York, New York 10007 on the 6th day of December, 2016, at 945 a.m., or as soon thereafter as counsel may be heard, for settlement and signature. 1
The proposed order is being submitted in accordance with the decision and order of Justice Ramos dated November 2, 2016 and entered on November 10, 2016, and the transcript from oral argument dated September 26, 2016, attached hereto as Exhibit A. Dated November 28, 2016 New York, NY Respectfully Submitted, By /s/ James M. Catterson James M. Catterson Margaret A. Rogers KAYE SCHOLER LLP 250 West 55 th Street New York, New York 10019 9710 (212) 836 8000 By NYSCEF To Attorneys for Plaintiff Grant R. Cornehls, Esq. Peter T. Jensen, Esq. WARSHAW BURSTEIN, LLP 555 Fifth Avenue New York, New York 10017 Tel (212) 984-7700 Attorneys for Crabapple Corp. Charles D. Liebman, Esq. JOHNSON LIEBMAN, LLP 305 Broadway, Suite 801 New York, New York 10007 Tel (212) 619-6744 Attorneys for Tamara Pewzner, Royal One Real Estate LLC, Royal Real Estate Management LLC, Royal LIC Real Estate Management LLC, Royal One Real Estate, LLC, Royal Real Estate Management, Royal LIC Real Estate Management LLC, Royal Hotel & Resorts LLC, Royal CP Hotel Holdings LP, Royal Hi Hotel Holdings LP 2
PRESENT HON. CHARLES E. RAMOS SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - x RUBEN ELBERG, individually and derivatively on behalf of ROYAL CP HOTEL HOLDINGS LP, and ROYAL HI HOTEL HOLDINGS LP, Plaintiff, v. CRABAPPLE CORP., and TAMARA PEWZNER individually, as co-executor and co-trustee of the Estate of Jacob Elberg, and as court-designated Manager of ROYAL ONE REAL ESTATE, LLC, ROYAL REAL ESTATE MANAGEMENT LLC, ROYAL LIC REAL ESTATE MANAGEMENT LLC, Defendants, and ROYAL ONE REAL ESTATE, LLC, ROYAL REAL ESTATE MANAGEMENT LLC, ROYAL LIC REAL ESTATE MANAGEMENT LLC, ROYAL HOTEL & RESORTS LLC, ROYAL CP HOTEL HOLDINGS LP, ROYAL HI HOTEL HOLDINGS LP, ZHU QING, FENG LI, MENGSHA CHEN, RUIZHEN WANG, HONG GE, QIN SI, YANG ZHANG, ZHE FANG, and XU NING, Nominal Defendants. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - X At IAS Part 53 of the Supreme Court of the state of New York Commercial Division, held in and for the County of New York, at Room 238 of the Courthouse, 60 Centre Street, New York, New York 10007, on the day of November, 2016. Index No. 653373/2016 (Ramos, J.S.C.) [Mtn. Seq. # 1] [PROPOSED] ORDER 3
These matters having come before the Court on plaintiff s motion brought on by order to show cause for an order pursuant to CPLR 308(5), directing alternative service of process on nominal defendants Zhu Qing, Mengsha Chen, Ruizhen Wang, Hong Ge, Qin Si, Zhe Fang, and Xu Ning (hereinafter collectively referred to as the Foreign Defendants ) [Mtn Seq. # 1], and the Court having heard oral argument on September 26, 2016, and the Court having rendered a decision on November 2, 2016 (entered on November 10, 2016) granting plaintiff s motion and directing that plaintiff serve the Foreign Defendants by serving a copy of the complaint on their U.S. counsel in the related matter captioned Crabapple Corp. v. Royal One Real Estate LLC, No. 650492/2015 (Sup. Ct., N.Y. Cnty., 2015) (Ramos, J.S.C.), Grant R. Cornehls, Esq., or the law firm Warshaw Burstein LLP; and the Court having directed plaintiff to settle the order on notice, it is hereby ORDERED that the motion is granted; and it is further ORDERED that plaintiff s time to serve the summons and complaint on the Foreign Defendants is hereby extended to ten days after entry of this order; and it is further ORDERED that plaintiff s service of one copy of the summons and complaint by overnight delivery on Grant R. Cornehls, Esq. of the law firm Warshaw Burstein LLP within ten (10) days of entry of this order shall be deemed good and sufficient service on the Foreign Defendants; and it is further ORDERED that plaintiffs filing of a copy of this order with notice of entry on NYSCEF shall be deemed good and sufficient service of this order on all parties who have appeared and the Foreign Defendants who have not yet appeared; and it is further 4
ORDERED that Grant R. Cornehls, Esq., and the law firm Warshaw Burstein LLP are obligated to transmit to the Foreign Defendants (their clients in Crabapple Corp. v. Royal One Real Estate LLC, No. 650492/2015 (Sup. Ct., N.Y. Cnty., 2015) (Ramos, J.S.C.)), a copy the summons and complaint, and this order with notice of its entry. Dated New York, New York November 28, 2016 SO ORDERED, Hon. Charles Edward Ramos, J.S.C. 5