FILED: NEW YORK COUNTY CLERK 03/10/ :12 PM INDEX NO /2014 NYSCEF DOC. NO. 279 RECEIVED NYSCEF: 03/10/2017 PLAINTIFF,

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1 SUPREME COURT FOR THE STATE OF NEW YORK NEW YORK COUNTY x 49 EAST HOUSTON STREET CORP.,.-AGAINST- PLAINTIFF, Index No, /2014 I.A.S. Part 671 Hon. Barry R. Ostrager J.S.C. MICHAEL HIRTENSTEIN, SEAN LARGOTTA, 49 EAST HOUSTON LLC, JOHN DOE OF 49 EAST HOUSTON LLC, JOHN DOE OF 49 EAST HOUSTON L.LC, DEFENDANTS x PLAINTIFF 49 EAST HOUSTON STREET CORP. LIST OF TRIAL EXHIBITS Exhibit No. 1 of 12:15 p.m. with attachments Bates # # (Al Chibber to Steve Stollman) Exhibit No. 2 (Filed separately as marked pleading) Exhibit No. 3 Real Estate Sale Agreement dated July 19, 2007 between 49 East Houston Street Corp. and Michael Hirtenstein, Sean Largotta and 49 East Houston LLC Exhibit No. 4 Operating Agreement of 49 East Houston LLC dated 6/26/07 signed by Michael Hirtenstein and Sean 1 of 9

2 Largotta Exhibit No. 5 Assignment And Assumption Of Real Estate Agreement dated 2/11/08 Exhibit No. 6 Lump Sum General Contract Agreement dated 1/14/08 between 49 East Houston LLC and Charles McGrath Construction, Inc. Exhibit No. 7 Building Loan Agreement dated 2/14/08 between MidFirst Bank and 49 East Houston LLC Exhibit No. 8 AIA Agreement & Rider dated January, 2000 between 49 East Houston LLC and Fortress Development LLC Exhibit No. 9 of 12:33 p.m. (Arpad Baksa to Jared VanVleet) Exhibit No. 10 Angelo Consentini Transcript of 11/8/16 (10A-10B-10C) Exhibit No. 11 Mellisa Miller bank statement of April 13, of 9

3 Exhibit No. 12 Michael K. Laurie Affidavit of 2/8/17 with Attachments M1-M8 Exhibit No. 13 Michael Hirtenstein Affidavit of 10/30/14 Exhibit No. 14 Michael Hirtenstein Transcript of 11/11/10 Exhibit No. 15 of 11:37 a.m. (Michael Hirtenstein to Sean Largotta) Exhibit No. 16 of 2:19 p.m. (Michael Hirtenstein to Sean Largotta) of p.m. (Michael Hirtenstein to Sean Largotta) of 1:33 a.m. (Michael Hirtenstein to Sean Largotta) Exhibit No. 17 Photos of 49 East Houston Site Exhibit No. 18 of 3:06 p.m. of 3:31 p.m. of 4:21 p.m. of 4:24 p.m. 3 of 9

4 Exhibit No. 19 (Filed separately as marked pleading) Exhibit No. 20 of 3:08 pm. of 3:12 p.m. of 3:13 p.m. of 3:15 p.m. of 3:20 p.m. of 3:21 p.m. of 3:29 p.m. of 2:01 p.m. Exhibit #21 Michael Hiretenstein Transcript of 1/11/17 Exhibit #22 Exhibit #23 Exhibit #24 of a.m (Michael Hirtenstein to Stan Perelman) of a.m. (Michael Hirtenstein to Stan Perelman) 15 s of 11:22 a.m. (Michael Hirtenstein to Steven Stollman 4 of 9

5 of 12:17 p.m. (Michael Hirtenstein to Steven Stollman of 10:25 a.m. (Michael Hirtenstein to Steven Stollman of 3:29 p.m. of 10:33 p.m. of 9:26 p.m. of 1:44 a.m. of 12:43 p.m. of 2:32 p.m. of p.m. of p.m. of p.m. of 7:09 p.m. of p.m. of 5:47 p.m. Judgment of 3/1/17 at #24 & #26] Exhibit #25 Transcript of Arpad Baksa of 11/15/16 Exhibit #26 Exhibit #27 Hirtenstein of 3:29 as above in Exhibit #24 Arpad Baksa Construction Plans of 4/21/08 5 of 9

6 Exhibit #28 A & B KTR Report of 12/7/16 Exhibit #29 Exhibit #30 Exhibit #31 Michael Hirtenstein Schedule of Net Worth (Confidential To Be Shown Only To Court) Michael Hirtenstein Personal Guaranty of Loan of 2/14/08 Arpad Baksa engagement letter & addenda of 9/30/07 Exhibit #32 Arpad Baksa demolition plans of 12/18/07 Exhibit #33 Exhibit #34 Exhibit #35 Exhibit #36 5 building permits issued by Dept. Of Buildings of the City of New York for 49 East Houston Street, New York site Deed for 49 East Houston Street, New York property of 2/14/08 Zoning Lot & Easement Agreement of 2/14/08 of 10:54 a.m. (Brian Guinan to Sean Largotta) of 12:47 p.m. (Brian Guinan to McGrath and others) Exhibit #37 Exhibit #38 of 1:25 p.m. (Robert Schaufeld to Michael Levine) of 2:32 p.m. (Robert Schaufeld to Michael Levine) of 2:29 p.m. 6 of 9

7 (Wade Hazelton to Michael Hirtenstein) of 2:44 p.m. (Michael Hirtenstein to Wade Hazelton) of 3:36 p.m. (Wade Hazelton to Michael Hirtenstein) Exhibit #39 of 7/16/13 (David Rosenbloom to Michael Hirtenstein) of 2:04 pm (Michael Hirtenstein to David Rosenbloom) Exhibit #40 of p.m. (Jay Birnbaum to Michael Hirtenstein) of p.m. (Michael Hirtenstein to Jay Birnbaum) Exhibit #41 Michael Hirtenstein transcript of 1/13/17 Exhibit #42 Exhibit #43 Exhibit #44 Exhibit #45 of 10:11 a.m. (Arpad Baksa to Mirchael Hirtenstein) MidFirst Bank notice of default upon construction mortgage loan, acceleration, and demand for payment upon Michael Hirtenstein dated 10/27/09 of 11:55 a.m. (Jared Van Vleet to Arpad Baksa) of 11:29 a.m. (John D Agostino to Arpad Baksa) of p.m. (Arpad Baksa to Jared Van Vleet) of a.m. (Jared Van Vleet to Arpad Banksa) Exhibit #46 Mortgage of 2/18/16 upon Hudson Street, Hudson, New York made by 49 East Houston Street Corp. to Commercial Express Financial Services 7 of 9

8 LLC Exhibit #47 of 4/23/15 (Stan Perelman to Michael Hirtenstein) of 6:35 p.m. (Michael Hirtenstein to Stan Perelman) Exhibit #48 Exhibit #49 Exhibit #50 Exhibit # 51 Exhibit #52 Exhibit #53 Exhibit #54 Exhibit #55 Memorandum from Michael Levine, Esq. to Robert Schaufeld, Esq. of 6/19/07 and attachments thereto of 10:00 a.m. (Michael Hirtenstein to Theresa Marino) Arpad Baksa floor plans to be attached to Offering Plan dated 4/28/08 Arpad Baksa Description Of Property And Building Condition to be attached to Offering Plan (Spring, 2008) of 3:52 p.m. (Peter Goodman to Michael Hirtenstein) of 11:56 p.m. (Michael Hirtenstein to Peter Goodman) of 1:27 p.m. (Daniel Rokeach to Michael Hirtenstein) of 1:34 p.m. (Michael Hirtenstein to Daniel Rokeach) of 3:34 p.m. (Daniel Rokeach to Michael Hirtenstein) of 4:05 p.m. (Michael Hirtenstein to Daniel Rokeach) of 9:20 pm (Michael Hirtenstein to Stan Perelman) Construction Consulting Service Agreement 8 of 9

9 between On The Level Enterprises, Inc. and Charles McGrath Constructing, Inc. of 3/6/08 Exhibit #56 Hirtenstein Transcript of 1/11/17 at LL Exhibit #57 of 2:56 p.m. (Brian Gage to Michael Hirtenstein) of 12:02 a.m. (Sean Largotta to Michael Hirtenstein) of 12:18 a.m. \ (Sean Largotta to Michael Hirtenstein) of 9:02 a.m. (Sean Largotta to Michael Hirtenstein) Exhibit # 58 Exhibit #59 Retrospective Appraisal of 49 East Houston Street, NY by KTR Real Estate Advisors at 2/24/17 Documents showing ownership and value of properties owned by 49 East Houston Corp., including certified tax bills, a certified mortgage, certified tax rolls, certified Deeds. Plaintiff reserves the right to add exhibits to this list as appropriate subject to the approval of the Court. NewYork, New York March 10, 2017 Martin S. Rapaport, P.C. Attorney for Plaintiff 49 East Houston Street Corp. 18 East 48 th Street New York, New York (212) By: /s/ Martin S. Rapaport, Esq. 9 of 9

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