FILED: NEW YORK COUNTY CLERK 03/06/ :55 PM

Transcription

1 EXHIBIT 2

2 -----Original Message---- From: Ed Winiarz Sent: Friday, July 24, :02 AM To: 'Chuck Stasky' Cc: Jeffrey Duarte; Charles E. Stasky Subject: RE: C. STASKY ASSOCIATES - ESRT (Alliance) Chuck, Thank you for your response. I am discussing this with my team and will advise you on our next course of action. Thanks Original Message----- From: Chuck Stasky [mailto:cstasky@cstasky.com] Sent: Thursday, July 23, :44 PM To: Ed Winiarz Cc: Jeffrey Duarte; Charles E. Stasky Subject: C. STASKY ASSOCIATES- ESRT (Alliance) Hi Ed, I finally received from Jeff the laborious results of his laborious investigative work trying to match up purchase orders and authorizations against work performed. We have just reconciled same and, oddly enough, it comes out to the same $282, that you did in a meeting at your office with you and Jeff as the approved outstanding balance. The differences vs. Jeff are all accountable by Onyx charges for sales tax on CCI work and work performed at 60 East 42nd Street with no authorization. In conclusion, the flooring division work comes out perfectly as presented - we agree ABS Floors is $74, Onyx Painting is $0.00 and the approved work for Current Electric at 60 East in the amount of $208, for a grand total asking price of $282, After a bit of a shave and a haircut for prompt and immediate payment $225, sounds like a fair and reasonable number to me.

3 If this is okay with you I suggest that we advise Diane to please have the checks drawn next week so that everyone can be paid and releases exchanged by the end of next week so the project can be closed out this month. Regards, Chuck J. Stasky President ExchangeDefender Message Security: Click below to verify authenticity This and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. Dissemination, distribution or copying of this or the information herein by anyone other than the intended recipient, or an employee or agent responsible for delivering the message to the intended recipient, is prohibited. If you have received this in error please notify the system manager at Ext 355 and destroy the original message and all copies. This footnote also confirms that this message has been swept by MIMEsweeper for the presence of computer viruses.

4 From: Ed Winiarz Sent: Tuesday, August 04, :07 AM To: 'Charles E. Stasky' Cc: Chuck Stasky; Jeffrey Duarte; Charles E. Stasky Subject: RE: C. STASKY ASSOCIATES - ESRT Dear Chuck, I disagree that we have not provided you proof (attachments in our )for our position. 1. For Onyx Painting we have signed PO 3498 and 3538 for $1, (sales tax) and $2,881.0S(sales tax) totaling $4, (adjusted below) 2. For Current, we have PO 3489 for $2, ($1,550 remaining with sales tax of $1, adjusted below) and approval for inv# for $5, totaling $7, For Current we have solid s (not your complete signed approval but did the work as you requested and directed us to do)to prove the balance invoices of $2,768, $3,465, $4,495 and $3,064.83(sales tax $249.83) totalin~ $13,792. This is what I have offered SlOK discount on. So we have complete approved substantiation in addition to the $283K you agreed to in your and items 1 and 2 above that total $12,634 or total of $296,000. If you provide us with signing the attached resale certificate, we will reduce the total you owe us by ($6, which are the 4 invoices with sales tax on them) The s with advice from outside counsel we believe would hold up in court, but hence our willingness to discount the amount. Total invoiced was $323K less sales tax of $6,500 which leaves $317K remaining, we stand by the adjusted offer of $293,000. This number assumes that you sign the 4 resale certs attached to the and the one we sent you prior and we are attached to this . Summary of difference as follows: 1. Short pay to inv # Inv# guidance 4. guidance 1,550 (PO# 3489 balance due) 5,035 2,768 3,465

5 5. guidance 4, guidance 2,815 Tota! you disputed $20,128 (that we provided back up for) Total additional hair cut $10,128 (this is in additior]jo the write off we gave you for not having fil])l_back up ) Total additional due us $10,000 Total you agreed to $283,000 Grand total $293,000 Please advise. We don't need to waste our time arguing back and forth. The paperwork we gave you is what we have. You have to agree on the $293K as shown. If you like, you can call me at for any further explanations. Please sign the attached resale certs. Thank you. From: Charles E. Stasky [mailto:cestasky@gmail.com] Sent: Tuesday, August 04, :56 AM To: Ed Winiarz Cc: Chuck Stasky; Jeffrey Duarte; Charles E. Stasky Subject: Re: c. STASKY ASSOCIATES - ESRT Dear Ed: don't know where you have been for the last month plus you have only substantiated $283,000 plus or minus in authorized open billings suggest we have a brief meeting to review this and hopefully agree on $ open Sent from my iphone On Aug 3, 2015, at 6:46 PM, Ed Winiarz <EWiniarz@alliancebuilding.us> wrote: Dear Chuck/Charles: Based on our internal and external discussions with various parties, we have determined that based on the amount due of $323,616 and the fully supported amount due of $309,889, the final offer we will make to you to resolve this matter is $300,000 which represents a $23K haircut. I am sorry it has taken such a long time to come to this point. The delay has only hurt my Company. We will not go back and forth any more at this point. Please let me know no later than Wed August 5, if you will agree on $300,000. I will need a written affirmation of this amount with a payment of $200,000 no later than Friday August 7 and the balance due of $100,000 due by August 15, I could be a little flexible on the payment date If either we do not hear from you by the above date or you do not agree to this offer, We can just move to litigation. I can assure you that we are fully prepared to pursue the full collection amount along with legal fees and interest for however long it takes. If you need to discuss this prior to the date above, I can be reached at Thank you and I truly am looking forward to resolving this without litigation.

6 From: Ed Winiarz Sent: Thursday, July 16, :09 PM To: 'Chuck Stasky'; Jeffrey Duarte Cc: Diane Fields; Charles E. Stasky Subject: RE: C. STASKY ASSOOATES - ESRT Dear Chuck, My team has finally put all the information together with the applicable back up to prove the amounts that you owe us. Even though we have properly billed you for $323,616 as the schedule shows( aging summary), our support of PO numbers, approvals and signed contracts support $309,889 that is remaining due to us. We have laid out the summary schedule and all of the supporting documents for your review. I am confident that you will feel comfortable that the $310K is what is truly owed that is supported. After you have reviewed the attached, We need to have a final meeting to see if we can resolve final payment. I would like to have this early next week. Please get back to me as soon as you can so we can put this behind us. Thank you for your patience and looking forward to hearing from you in the next couple of days. You can call me or Jeff directly with any questions. I agree with you that we need to resolve this ASAP. Thanks again This and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. Dissemination, distribution or copying of this or the information herein by anyone other than the intended recipient, or an employee or agent responsible for delivering the message to the intended recipient, is prohibited. If you have received this in error please notify the system manager at Ext 355 and destroy the original message and all copies. This footnote also confirms that this message has been swept by MIMEsweeper for the presence of computer viruses.