FILED: NEW YORK COUNTY CLERK 06/14/ :18 PM INDEX NO /2017 NYSCEF DOC. NO. 272 RECEIVED NYSCEF: 06/14/2018

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From: Christopher Gorman [mailto:cgorman@abramslaw.com] Sent: Wednesday, June 13, 2018 5:55 PM To: Stephen B. Meister <sbm@msf-law.com> Cc: Kevin A. Fritz <kaf@msf-law.

2 From: Christopher Gorman Sent: Wednesday, June 13, :55 PM To: Stephen B. Meister Cc: Kevin A. Fritz Poddar, Shivani ~ Fried, William Maya Petrocelli racereñko@kügerkaplan.com I have no intention of having an ex parte communication with the court. I include my adversaries in my communications with the judge. ABR½l$, FENSTE RM \ N. FENMERMAN, ElSMA N, FOR MA i O, UElmA RA, W OLF N O RONE, LW Partner/Director Real Estate and Construction Litigation Dept. Long Island Office 3 Dakota Drive Tel: x273 Suite 300. Lake Success, New York CGorman@Abramslaw.com Long Island Manhattan Brooklyn Rochester (516)32&2300 (212) (718) (585) WWWABlMMSIAW.COM CONFIDENTIAUTYNOTICE:This may be an attorney-client communication and may contain information that is privileged and confidential and is therefore subject to legal restrictions and penalties regarding its unauthorized disclosure or other use. If you are not the intended recipient you are prohibited from copying, forwarding, distributing, disseminating, or otherwise viewing this and From: Stephen B. Meister [mailto:sbm@msf-law.com1 Sent: Wednesday, June 13, :56 PM To: Christopher Gorman <CGorman@Abramslaw.com> 1

3 cc: Kevin A. Fritz Poddar, Shivani Fried, William Maya Petrocelli Subject: Re: PSB Indian Creek et al vs Halpern et al You do not have my permission to proceed with ex parte communications with the court. And I presume Judge Scarpulla will not take an ex Parte call with you. How do yo plan to let the court know? Sent from my ipad On Jun 13, 2018, at 5:54 PM, Christopher Gorman <CGorman@Abramslaw.com> wrote: Got it. You are refusing to participate in a call with the court on an issue that you brought up court initially. We will let the court know. with the <imageb69aa5.jpg> Partner/Director Real Estate and Construction Litigation Dept. Long Island Office Tel: x273 <imagecdca39.jpg> 3 Dakota Drive Suite CGorman@Abramslaw.com <imagefele44.jpg> Lake Success, New York CONFIDENTIAUTYNOTICE:This may be an attorney-client communication and may contain information that is privileged and confidential and is therefore subject to legal restrictions and penalties regarding its unauthorized disclosure or other use. If you are not the intended recipient you are prohibited from copying, forwarding, distributing, disseminating, or otherwise viewing this and From: Stephen B. Meister [mailto:sbm@msf-law.com] Sent: Wednesday, June 13, :52 PM To: Christopher Gorman <CGorman@Abramslaw.com> Cc: Kevin A. Fritz <kaf@msf-law.com>; Poddar, Shivani <spoddar@herrick.com>; Fried, William <wfried@herrick.com>; Maya Petrocelli <MPetrocelli@Abramslaw.com>; Subject: Re: PSB Indian Creek et al vs Halpern et al We are not available to call Judge Scarpulla to discuss a FL action. Sent from my ipad On Jun 13, 2018, at 5:51 PM, Christopher Gorman <CGorman@Abramslaw.com> wrote: On behalf of the Longo Defendants, we do not agree. What is your availability to call tomorrow' the judge tomorrow? <imagelc2fa3.jpg> Partner/Director Real Estate and Long Island Office Construction Litigation Dept. <imageb76c33.jpg> Tel: x Dakota Drive Suite 300 Lake Success, New York 11042

4 <image523ae7.jpg> CONFIDENTIALITYNOTICE:This may be an attorney-client communication and may contain information that is privileged and confidential and is therefore subject to legal restrictions and penalties regarding its unauthorized disclosure or other use. If you are not the intended recipient you are prohibited from copying, forwarding, distributing, disseminating, or otherwise viewing this and From: Kevin A. Fritz Sent: Wednesday, June 13, :48 PM To: Poddar, Shivani Stephen B. Meister Cc: Christopher Gorman Fried, William Maya Petrocelli Seems like we should move the Indian Creek claims pending in NY to Florida, to be litigated with our Florida statutory claims and LP filed down there. That way, all claims, both Collins and Indian Creek, will be litigated before the same Court. Let me know if you agree. Thanks. MSF Meister Seelig & Fein LLP Kevin A. Fritz Partner 7th 125 Park Avenue FlOOr New York, NY Direct (212) Firm (212) Fax (212) 3535 New York New Jersey Connecticut California 655- Website IMPORTANT NOTICES: NOTICE UNDER E-sIGN ACT: Unless specifically set forth herein, the transmission of this communication is not intended to be a legally binding electronic signature, and no offer, commitment or assent on behalf of the sender or its client is expressed or implied by the sending of this facsimile, or any attachments hereto. NOTICE OF ATTORNEY'S CONFIDENTIALITY: The material submitted herewith contains, and is intended to be a confidential transmission of information or documents from MEISTER SEELIG & FEIN LLP which is legally privileged. The materials or information enclosed are intended only for the use of the individual or entity named in this transmission sheet. If you are not the intended recipient, any disclosure, copying, distribution or the taking of any action in reliance on the contents of this transmission is strictly prohibited. If you have received this telecopy transmission in error, please notify us by telephone immediately, so that we can arrange for the return of the original documents to us at our cost. IRS CIRCULAR 230 DISCLOSURE: As required by U.s. Treasury Regulations governing tax practice, you are hereby advised that any written tax advice contained herein was not written or intended to be used (and cannot be used) by any taxpayer for the purpose of avoiding penalties that may be imposed under the U.S. internal Revenue Code. From: Poddar, Shivani [mailto:spoddar@herrick.com] Sent: Wednesday, June 13, :36 PM To: Stephen B. Meister <sbm@msf-law.com> Cc: Christopher Gorman <CGorman@Abramslaw.com>; Kevin A. Fritz <kaf@msf- 3

5 law.com>; Fried, William Maya Petrocelli â Stephen -You certainly discussed it with Judge Scarpulla. When are you available for a call tomorrow? Shivani Poddar Herrick, Feinstein LLP Two Park Avenue I New York, NY ,1446 office Fax spoddar@herrick.com From: Stephen B. Meister [mailto:sbm@msf-law.com] Sent: Wednesday, June 13, :35 PM To: Poddar, Shivani <spoddar@herrick.com> Cc: Christopher Gorman <CGorman@Abramslaw.com>; Kevin A. Fritz <kaf@msflaw.com>; Fried, William <wfried@herrick.com>; Maya Petrocelli <MPetrocelli@Abramslaw.com>; Subject: Re: PSB Indian Creek et al vs Halpern et al You need to address with Judge Scarpulla an action pending in FL? Sent from my ipad On Jun 13, 2018, at 5:33 PM, Poddar, Shivani <spoddar@herrick.com> wrote: Kevin - Apart from the Florida Collins case, you/stephen also represented to Judge Scarpulla that you would be dismissing the Florida IC case, so long as we all agreed not to use that as an argument to dismiss the lis pendens. Despite your representation to Judge Scarpulla, we understand that you are not going to be dismissing the Florida IC case. We need to address this issue with Judge Scarpulla on a call. When are you available for a call tomorrow with Chambers?,'X Shivani Poddar Herrick, Feinstein LLP Two Park Avenue New York, NY office Fax s oddar herrick.com

6 From: Christopher Gorman Sent: Wednesday, June 13, :26 PM To: Kevin A. Fritz Stephen B. Meister Cc: Poddar, Shivani Fried, William Maya Petrocelli That's not my understanding. Again, I will leave it to Bill to address your claim. Your co-counsel in Florida knows who our client's counsel is in Florida - he spoke to him yesterday. <image001.jpg> Partner/Director RealEstate and Construction Litigation Dept. Long Island Office Tel: x273 <image002.jpg> CGorman@Abramslaw.com <image003.jpg> 3 Dakota Drive Suite 300 Lake Success, New York CONFIDENTIAuTY NOTICE:This may be an attorney-client communication and may contain information that is privileged and confidential and is therefore subject to legal restrictions and penalties regarding its unauthorized disclosure or other use. If you are not the Intended recipient you are prohibited from copying, forwarding, distributing, disseminating, or otherwise viewing this and From: Kevin A. Fritz [mailto:kaf@msf-law.com] Sent: Wednesday, June 13, 2018 S:27 PM To: Christopher Gorman <CGorman@Abramslaw.com>; Stephen B. Meister <sbm@msf-law.com> Cc: Poddar, Shivani <spoddar@herrick.com>; Fried, William <wfried@herrick.com>; Maya Petrocelli <MPetrocelli@Abramslaw.com>; Chris, we merely advised the judge of the Florida Indian Creek action. When you have a chance, please let me know who is representing the defendants in that action, as previously requested. MSF Meister Seelig & Fein LLP Kevin A. Fritz Partner 5

7 125 Park Avenue Direct (212) th n35 New York Jersey New Connecticut Floor New York, NY Firm (212) California Website Fax (212) IMPORTANT NOTICES: NOTICE UNDER E-SIGN ACT: Unless specifically set forth herein, the transmission of this communication is not intended to be a legally binding electronic signature, and no offer, commitment or assent on behalf of the sender or its client is expressed or implied by the sending of this facsimile, or any attachments hereto. NOTICE OF ATTORNEY'S CONFIDENTIALITY: The material submitted herewith contains, and is intended to be a confidential transmission of information or documents from MEISTER SEELIG & FEIN LLP which is legally privileged. The materials or information enclosed are intended only for the use of the individual or entity named in this transmission sheet. If you are not the intended recipient, any disclosure, copying, distribution or the taking of any action in reliance on the contents of this transmission is strictly prohibited. if you have received this telecopy transmission in error, please notify us by telephone immediately, so that we can arrange for the return of the original documents to us at our cost. IRS CIRCULAR 230 DISCLOSURE: As required by U.S. Treasury Regulations governing tax practice, you are hereby advised that any written tax advice contained herein was not written or intended to be used (and cannot be used) by any taxpayer for the purpose of avoiding penalties that may be imposed under the U.S. internal Revenue Code. From: Christopher Gorman [mailto:cgorman@abramslaw.com] Sent: Wednesday, June 13, :15 PM To: Stephen B. Meister <sbm@msf-law.com> Cc: Kevin A. Fritz <kaf@msf-law.com>; Poddar, Shivani <spoddar@herrick.com>; Fried, William <wfried@herrick.com>; Maya Petrocelli <MPetrocelli@Abramslaw.com>; Steve/Kevin - Kevin expressly represented to me prior to the call that Indian Creek was not going to come up. Amazingly, it did without me being present. You are never to proceed again on a call with the judge without me being present. I will leave the rest up to Bill/Shivani as to whether what you say below is accurate in any way and/or if there is anything to add, although I believe Bill reiterated what the judge said on the call in his yesterday. Chris <image001.jpg> Partner/Director Real Estate and Construction Litigation Dept. <image002.jpg> Long Island Office 3 Dakota Drive 6

8 Te I: x273 Suite 300 Lake Success, New York < im age003.j pg> CONFIDENTIALITYNOTICE:This may be an attorney-client communication and may contain information that is privileged and confidential and is therefore subject to legal restrictions and penalties regarding its unauthorized disclosure or other use. If you are not the intended recipient you are prohibited from copying, forwarding, distributing, disseminating, or otherwise viewing this and From: Stephen B. Meister [mailto:sbm msf-law.com] Sent: Wednesday, June 13, :07 PM To: Christopher Gorman <CGorman Abramslaw.com> Petrocelli <MPetrocelli Abramslaw.com>; mcerenko klu erka lan.com Subject: Re: PSB Indian Creek et al vs Halpern et al You were not on the call. She never asked for an update on IC. She has a motion sub judice on IC, which I believe you largely lost. I was asked if we would agree to move the Collins Claims now pending in NY to FL. I asked for time and later we had a call with the Judge in which I said we would move the Collins claims pending in NY to FL, and we are filing that without prejudice discontinuance shortly. What is it You want to tell her? Or ask her? Sent from my ipad On Jun 13, 2018, at 5:02 PM, Christopher Gorman <CGorman Abramslaw.com> wrote: The judge asked us to update her on how the case was being handled or otherwise disposed of. <image2fe1d6.jp6> Partner/Director Real Estate and Constrtzction Litigation Dept. Tel: x273 <image510e57.jpg> CGorman Abramslaw.corn <ima e jpg> Lake Success, New York Sc CONFIDENTIALITYNOTICE:This may be an attorney-client communication and may contain information that is priviiege confidential and is therefore subject to legal restrictions and penalties regarding its unauthorized disclosure or other use. If yo< the intended recipient you are prohibited from copying, forwarding, distributing, disseminating, or otherwise viewing this e-m, From: Kevin A. Fritz [rnailto:kaf msf-law.com] Sent: Wednesday, June 13, :59 PM To: Christopher Gorman <CGorman Abramslaw.com>; 7

9 Poddar, Shivani Fried, William â â Cc: Stephen B. Meister Maya Petrocelli What specifically about the Florida Indian Creek action do you want to discuss with the NY Court? MSF Meister Seelig & Fein LLP Kevin A. Fritz Partner 125 Park Avenue 7th FlOOr New York, NY Direct (212) Firm (212) Fax (212) New York New Jersey Connecticut California Websit e IMPORTANT NOTICEs: NOTICE UNDER E-SIGN ACT: Unless specifically set forth herein, the transmission of this communication is not intended to be a legally binding electronic signature, and no offer, commitment or assent on behalf of the sender or its client is expressed or implied by the sending of this facsimile, or any attachments hereto. NOTICE OF ATTORNEY's CONFIDENTIALITY: The material submitted herewith contains, and is intended to be a confidential transmission of information or documents from MEISTER seelig at FEIN LLP which is legally privileged. The materials or information enclosed are intended only for the use of the individual or entity named in this transmission sheet. if you are not the intended recipient, any disclosure, copying, distribution or the taking of any action in reliance on the contents of this transmission is strictly prohibited. If you have received this telecopy transmission in error, please notify us by telephone immediately, so that we can arrange for the return of the original documents to us at our cost. IRS CIRCULAR 230 DISCLOsURE: As required by U.s. Treasury Regulations governing tax practice, you are hereby advised that any written tax advice contained herein was not written or intended to be used (and cannot be used) by any taxpayer for the purpose of avoiding penalties that may be imposed under the U.S. Internal Revenue Code. From: Christopher Gorman [mailto:cgorman@abramslaw.coml Sent: Wednesday, June 13, :55 PM To: Poddar, Shivani <spoddar@herrick.com>; Fried, 8

10 William Kevin A. Fritz Cc: Stephen B. Meister Maya Petrocelli Kevin/Steve - Since today has passed without hearing from you, please let us know your availability to call the court tomorrow afternoon. Thanks. Chris <image001.jpg> Partner/Director Real Estate and Construction Litigation Dept. Long Island 3 Dakot- Tel: x273 <image002.jpg> Su Lake Success, New Yorls CGorman@Abramslaw.com <image003.jpg> CONFIDENTIAUTYNOTICE:This may be an attorney-client communication and may contain information that is privilege confidential and is therefore subject to legal restrictions and penalties regarding its unauthorized disclosure or other use. If yoi the intended recipient you are prohibited from copying, forwarding, distributing, disseminating, or otherwise viewing this e-m From: Poddar, Shivani [mailto:spoddar@herrick.coml Sent: Wednesday, June 13, :25 AM To: Christopher Gorman <CGorman@Abramslaw.com>; Fried, William <wfried@herrick.com>; Kevin A. Fritz <kaf@msf-law.com> Cc: Stephen B. Meister <sbm@msf-law.com>; Maya Petrocelli <MPetrocelli@Abramslaw.com>; 2:30 actually works for us, and then Bill can join as well. ix Shivani Poddar Herrick, Feinstein LLP Two Park Avenue New York, NY office Fax spoddar@herrick.com 9

11 From: Christopher Gorman Sent: Wednesday, June 13, :20 AM To: Poddar, Shivani Fried, William Kevin A. Fritz Cc: Stephen B. Meister Maya Petrocelli I have a call at 4:30. So how about 3:30? cimage001.jpg> Partner/Director Real Estate and Construction Litigation Dept. Long Island Tel: 3 Dakot x273 <image002.jpg> St CGorman@Abramslaw.com Lake Success, New Yorls <image003.jpg> CONFlDENTIAUTYNOTICE:This may be an attorney-client communication and may contain information that is privilege confidential and is therefore subject to legal restrictions and penalties regarding its unauthorized disclosure or other use. If yo the intended recipient you are prohibited from copying, forwarding, distributing, disseminating, or otherwise viewing this e-m. From: Poddar, Shivani [mailto:spoddar@herrick.com1 Sent: Wednesday, June 13, :20 AM To: Fried, William <wfried@herrick.com>; Christopher Gorman <CGorman@Abramslaw.com>; Kevin A. Fritz <kaf@msf-law.com> Cc: Stephen B. Meister <sbm@msf-law.com>; Maya Petrocelli <MPetrocelli@Abramslaw.com>; I am also available only at 3 or after. Shivani Poddar Herrick, Feinstein LLP Two Park Avenue New York, NY office Fax spoddar(d)herrick.com 10

12 From: Fried, William Sent: Wednesday, June 13, :19 AM To: Christopher Gorman Kevin A. Fritz Cc: Stephen B. Meister Poddar, Shivani Maya Petrocelli I am only free until around 3, but if it is after that and Shivani is available you can do it without me William R. Fried Partner Herrick, Feinstein LLP Two Park Avenue New York, NY Office website bio From: Christopher Gorman Sent: Wednesday, June 13, :13 AM To: Fried, William Kevin A. Fritz Cc: Stephen B. Meister Poddar, Shivani Maya Petrocelli Kevin/Steve - Are you available to call the court this afternoon in order to discuss the status of the Florida Indian Creek litigation? If so let us know the times when you are available. Chris 11

FILED: NEW YORK COUNTY CLERK 06/14/ :18 PM INDEX NO /2017 NYSCEF DOC. NO. 271 RECEIVED NYSCEF: 06/14/2018

FILED: NEW YORK COUNTY CLERK 06/14/ :18 PM INDEX NO /2017 NYSCEF DOC. NO. 271 RECEIVED NYSCEF: 06/14/2018 From: Fried, William Sent: Monday, June 11, 2018 10:43 AM To: Kevin A. Fritz ; Christopher Gorman Cc: Stephen B. Meister ; Poddar, Shivani ' ;