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At LA.S. Part 47 of the Supreme
Court of the State of New York,
County of New York, held at the
Courthouse, 60 Centre Street, New
York, New York, on the day of
December, 2015.
PRESENT:
Hon. Geoffrey D. Wright,
Justice.
wee eee eee ee ee eee eee x
TODD SELBERT, : Index No, 155832/15
Plaintiff,
PROPOSED ORDER
~ against -
150 E78" LLC, TEODORA ZOBEL,
DAVD ZOBEL and
LORETTO REALTY.CORP.,
Defendants.
wee eee ee eee eee eee eee eee eee x
Defendants having moved for an order:
A. Pursuant to CPLR 2221 for the Court to clarify its September 14, 2015
Decision/Order, pending the determination of the action or further order of the Court, enjoining a
meeting of the shareholders of Loretto Realty Corp. to terminate the proprietary leases pursuant to
the resolution of the Board of Directors on which Defendants Teodora Zobel and David Zobel
voted as Directors;B. Pursuant to CPLR 6312, conditioning the preliminary injunction on an
undertaking in an amount no less than $803,088; and
Defendants having served and filed a November 24, 2015 notice of motion and
supporting affidavit of Teodora Zobel, sworn to on November 24, 2015, with exhibits; and
Plaintiff having served and filed sand
Defendants having served and filed a reply affidavit of Teodora Zobel, sworn to on
September 1, 2015; and
The motion having duly come to be heard before the Court on
Now, on the motion of Marcus Rosenberg & Diamond LLP and Samson Fink &
Dubow LLP, it is ordered that:
1. Defendants’ motion is granted; and
2. The preliminary injunction granted by this Court’s Decision/Order entered
September 14, 2015 is amended and the preliminary injunction relief granted is restated to the
following extent:
Defendants are enjoined, pending the determination of this action or further
order of the Court, from scheduling a meeting of shareholders of Loretto
Realty Corp. to terminate the proprietary leases scheduled by a Board of
Directors resolution on which Defendants Teodora Zobel and David Zobel
voted, conditioned on Plaintiff posting with the Clerk of this Court, within
ten (10) days of this order, an undertaking in the amount of $803,088 that,
should it be finally determined that Plaintiff was not entitled to the
preliminary injunction, Plaintiff will pay Defendants all damages, costs andexpenses sustained by reason of the preliminary injunction, and upon
Plaintiff's failure timely to do so, the preliminary injunction shall terminate
and expire without further order of this Court.
ENTER:
Hon. Geoffrey D. Wright
Justice of the Supreme Court
of the State of New YorkIndex No, 155832/2015
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
TODD SELBERT,
Plaintiff,
- against -
150 E 78" LLC, TEODORA ZOBEL, DAVID ZOBEL and LORETTO REALTY
CORP.,
Defendants.
AFFIDAVIT IN SUPPORT OF MOTION FOR: CLARIFICATION OF
SEPTEMBER 14, 2015 ORDER; AND FIXING THE CPLR 6312 UNDERTAKING
MARCUS ROSENBERG & DIAMOND LLP
Attorneys for Defendants
488 Madison Avenue
17th Floor
New York, New York 10022
(212) 755-7500
Certified pursuant to § 130-1.1(a)
Of the Rules of the Chief Administrator
By:
avid Roséaberg
Date: November 24, 2015
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At LA.S. Part 47 of the Supreme Court of the State of New York, County of New York, held at the Courthouse, 60 Centre Street, New York, New York, on the day of December, 2015. PRESENT: Hon. Geoffrey D. Wright, Justice. wee eee eee ee ee eee eee x TODD SELBERT, : Index No, 155832/15 Plaintiff, PROPOSED ORDER ~ against - 150 E78" LLC, TEODORA ZOBEL, DAVD ZOBEL and LORETTO REALTY.CORP., Defendants. wee eee ee eee eee eee eee eee eee x Defendants having moved for an order: A. Pursuant to CPLR 2221 for the Court to clarify its September 14, 2015 Decision/Order, pending the determination of the action or further order of the Court, enjoining a meeting of the shareholders of Loretto Realty Corp. to terminate the proprietary leases pursuant to the resolution of the Board of Directors on which Defendants Teodora Zobel and David Zobel voted as Directors;B. Pursuant to CPLR 6312, conditioning the preliminary injunction on an undertaking in an amount no less than $803,088; and Defendants having served and filed a November 24, 2015 notice of motion and supporting affidavit of Teodora Zobel, sworn to on November 24, 2015, with exhibits; and Plaintiff having served and filed sand Defendants having served and filed a reply affidavit of Teodora Zobel, sworn to on September 1, 2015; and The motion having duly come to be heard before the Court on Now, on the motion of Marcus Rosenberg & Diamond LLP and Samson Fink & Dubow LLP, it is ordered that: 1. Defendants’ motion is granted; and 2. The preliminary injunction granted by this Court’s Decision/Order entered September 14, 2015 is amended and the preliminary injunction relief granted is restated to the following extent: Defendants are enjoined, pending the determination of this action or further order of the Court, from scheduling a meeting of shareholders of Loretto Realty Corp. to terminate the proprietary leases scheduled by a Board of Directors resolution on which Defendants Teodora Zobel and David Zobel voted, conditioned on Plaintiff posting with the Clerk of this Court, within ten (10) days of this order, an undertaking in the amount of $803,088 that, should it be finally determined that Plaintiff was not entitled to the preliminary injunction, Plaintiff will pay Defendants all damages, costs andexpenses sustained by reason of the preliminary injunction, and upon Plaintiff's failure timely to do so, the preliminary injunction shall terminate and expire without further order of this Court. ENTER: Hon. Geoffrey D. Wright Justice of the Supreme Court of the State of New YorkIndex No, 155832/2015 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK TODD SELBERT, Plaintiff, - against - 150 E 78" LLC, TEODORA ZOBEL, DAVID ZOBEL and LORETTO REALTY CORP., Defendants. AFFIDAVIT IN SUPPORT OF MOTION FOR: CLARIFICATION OF SEPTEMBER 14, 2015 ORDER; AND FIXING THE CPLR 6312 UNDERTAKING MARCUS ROSENBERG & DIAMOND LLP Attorneys for Defendants 488 Madison Avenue 17th Floor New York, New York 10022 (212) 755-7500 Certified pursuant to § 130-1.1(a) Of the Rules of the Chief Administrator By: avid Roséaberg Date: November 24, 2015