Exhibit,Appendix: Michael Knopf, Norma Knopf v. Frank M. Esposito, Dorsey & Whitney, Llp, Nathaniel H. Akerman, Edward S. Feldman

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                                FILED:         NEW     YORK       COUNTY        CLERK        01/11/2022             09:27        AM                 INDEX    NO.   150315/2019
   NYSCEF     DOC.   NO.   606                                                                                RECEIVED      NYSCEF:     01/11/2022




                                                                EXHIBIT              3
   FILED:         NEW     YORK       COUNTY        CLERK        01/11/2022             09:27        AM                 INDEX    NO.   150315/2019
   NYSCEF     DOC.   NO.   606                                                                                RECEIVED      NYSCEF:     01/11/2022




                  SUPREME COURT OF THE STATE OF NEW YORK
                  COUNTY OF NEW YORK
                    -------------------------------------------------------------   )(

                    MICHAEL I. KNOPF, NORMA KNOPF,
                    and DELPHI CAPITAL MANAGEMENT LLC,

                                               Plaintiffs,                               Index No.l13227 /09

                             -against-
                                                                                         Hon. Richard F. Braun
                    MICHAEL HAYDEN SANFORD, PURSUIT
                    HOLDINGS, LLC, SANFORD PARTNERS, LP,
                    MH SANFORD &            CO., LLC and
                    WYNDCLYFFE, LLC,
                                                                                                      AFFIRMATION
                                               Defendants.

                    -------------------------------------------------------------   )(




                           I, Nathaniel H. Akerman, an attorney duly admitted to the practice of law in the courts of

                  New York State, hereby affirm the following to be true under penalty of perjury:


                            1.       I am a partner at Dorsey and Whitney LLP, counsel for the Defendants Michael

                  Hayden Sanford and Pursuit Holdings LLC in a pending litigation brought by the Plaintiffs

                  Michael Knopf and Norma Knopf in federal district court in the Southern District ofNew York.

                  This federal litigation involves notices of pendency (the "Second Notices")                placed on the PHC

                   located at 44 East 67 Street, New York, New York and the (3) conjoined condominium

                  apartments at 10 Bedford Street in Manhattan (the "Bedford Townhouse").                     Except as stated

                  otherwise or the context makes clear, I make this affirmation based on my personal knowledge.


                           2.        On October 15, 2015, Judge Cote cancelled the Second Notices on PHC and the

                  Townhouse and also found that Plaintiff lacked good faith in filing the Second Notice on the

                  PHC.    Knopfv.    Meister,   Seelig &   Fein,  LLP, No.    15-cv-5090, 2015      WL 6116926 at *1-2
   FILED:         NEW     YORK       COUNTY        CLERK        01/11/2022             09:27        AM                  INDEX    NO.   150315/2019
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                   (S.D.N.Y.    Oct 16, 201 5) ("The Defendants have shown that the Plaintiffs lacked good faith in

                   filing the Notice [of pendence]").


                            3.       I understand that after Judge Cote cancelled these Second Notices, Plaintiffs filed

                   two more notices of Pendency on the Bedford Townhouse.


                            4.       On or about January      12, 2016, Michael Sanford, as manager ofPursuit, asked that

                   I determine whether the October 22, 2015 Interim Injunction issued by the First Department had

                   been vacated by the First Department's November 12, 2015 full panel decision, not withstanding

                   the subsequent December 29, 2015 Order.


                            5.       Following Pursuit's request, on or about January            12, 2016, I and Edward Feldman

                   of Feldman &      Associates, PLLC, Esq.-- which was representing Pursuit as its transactional

                   counsel in connection with the PHC Sale -- held a conference call with a Court Attorney

                   employed by the First Department.


                            6.       In that conversation, the First Department Court Attorney confirmed that the

                   October 22, 2015 Interim Injunction was vacated and dissolved after the full panel issued the

                   November 12, 2015 Order, which denied the motion "for prejudgment attachment pursuant to

                   CPLR 6201      or, in the alternative, for a preliminary injunction enjoining defendants from

                   transferring, mortgaging or otherwise impairing the value of the subject properties pending a

                   hearing and determination of [an] appeal."           The Court Attorney was clear that there was no

                   longer any restraint on the PHC.
   FILED:         NEW     YORK       COUNTY        CLERK        01/11/2022             09:27        AM                  INDEX    NO.   150315/2019
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                            7.       I contemporaneously drafted a memorandum memorializing that telephone

                   conference and provided that memorandum to my client, Pursuit.                  I will provide a copy of that

                   memorandum at the Court's request for in camera review.


                                      MR. BERRY'S BASELESS AND OUTRAGEOUS THREATS
                                                  TO SUE BOTH ME AND MY LAW FIRM


                            8.       Mr. Berry has baselessly threatened to sue both me and my law firm for providing

                   Mr.  Sanford with the memorandum described above.                To my understanding, Mr. Berry has also

                   threatened to sue Mr. Feldman because he also provided Mr.                Sanford with what I understand to

                   be a substantively identical memorandum of the conversation with the First Department Court

                   Attorney.


                            9.       Specifically, on March 10, 2016, Mr. Berry sent an email to me stating that Mr.

                   Sanford "alleges [in a March 8, 2016 Affidavit] that both your [and Mr. Feldman's] firms

                   provided opinion letters to the effect that the        10/22115 order of Judge Sweeney did not have to be

                   complied with.      If the statement is not correct let me know promptly.           If it is correct we are

                   adding your firms as defendants in the case that we are filing            [sic] against Dechert within the

                   next couple days."       A true and correct copy ofMr. Berry's March             10, 2016 email is attached

                   hereto as Exhibit A.
   FILED:         NEW     YORK       COUNTY        CLERK        01/11/2022             09:27        AM                  INDEX    NO.   150315/2019
   NYSCEF     DOC.   NO.   606                                                                                 RECEIVED      NYSCEF:     01/11/2022




                            10.      In response to Mr. Berry's outrageous threat, on March 15, 2016, I replied,

                   "Please be advised that any lawsuit filed against me or my firm is sanctionable, and we will

                   pursue all remedies against both you and your clients for such a baseless lawsuit."




                   Dated:   March    16, 2016
                            New York, New York

                                                                                             atn       __      e  lan
                                                                                                · est 52nd Street
                                                                                           New York, NY       10019-6119
                                                                                           United States of America
                                                                                           (212) 415-9200
                                                                                           akerman.nick@dorsey .com