MARCY S. FRIED

MARCY S. FRIED Present: Hon. 5 At a of the Court of the State of New York, held in and for the County of New York, at(26Cclate Am ja_th day of November, 2011. "1 , Justice. SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK JENNIFER USDAN MCBRIDE AND CHRISTOPHER MCBRIDE, Plaintiffs, -against- NINE EAST 71ST STREET CORPORATION, JEFFREY EPSTEIN, AND HERBERT ROSE INC., Defendants. x Index No.: I , on the ORIGINAL ORDER TO SHOW CAUSE WITH TEMPORARY RESTRAINING ORDER Upon reading and fil g the verified complaint and the two affirmations of Jennifer Usdan McBride, dated November 8, 2011, and the Memorandum of Law submitted in support thereof, and sufficient cause appearing therefor, Let the defendants NINE EAST 71sT STREET CORPORATION, JEFFREY EPSTEIN, HERBERT ROSE, INC. (collectively "Defendants"), or its attorneys o tpreaf Clivo4 5 show cause before this Court, at ai aerfizif Part S r) (room33 ) thereof, to be heard in and for the County of New York at the courthouse located at 60 Centre EFTA01112003 Street, in the City of New York, County of New York, State of New York, on , 2011, at m., or as soon thereafter as counsel can be heard, why a preliminary injunction should not be granted herein enjoining 9 E. 71' Street Corporation, Jeffrey Epstein, Herbert Rose Inc., their agents, servants, and employees, and all persons acting on their behalf, pursuant to Section 6301 of the Civil Practice Law and Rules, and pending the determination of this action, from erecting and maintaining a scaffold, also known as a sidewalk shed, which faces and is directly in front of Unit 2C of the real property at 3 East 71' Street, in New York, New York ("the Unit") owned by Plaintiffs JENNIFER USDAN MCBRIDE AND CHRISTOPHER MCBRIDE and requiring Defendants to immediately remove such scaffold from the front of the Unit owned and lived in by the Plaintiffs; and IT APPEARING that pendi application for a preliminary injunction that the continued mai nance of the scaffold in front of the Unit owned and lived in by P ntiffs that defendants' actions will temporarily and irreparably injur e Plaintiffs by maintaining the Scaffold in front of the Unit owned-al lived in by Plaintiffs is irreparably and materially impairing Plaintiffs' use and enjoyment of the Unit, and that immediate and irrep4rable injury, loss, or damage is occurring and will continue to occur to thelaintiffs-herein-befere-notite-carrtneCahearini had, it is 2 EFTA01112004 ORDERED, that pending the hearing of this motion for reliminary injunction Ni ast 7151 Street Corporation, Jeffre stern, and/or Herbert Rose, Inc. be and hereby is t orarily e ed and restrained from maintaining a Scaffold, also known as a s w Street, Unit 2C in MCBRID shed, in front of the Unit located at 3 E. 7151 w York, New York, h is owned by JENNIFER USDAN AND CHRISTOPIIER MCBRIDE and remove such scaffold in t of the Unit immediately upon rece bervice- i of-this-orcl ORDERED, that service/of this order and the papers upon which it is based t eersat12111/43 and the summons and verified complaint herein be made byiserving a copy of this .v..,ei o derand the papers and a copy f the, summons and verified complaint on Defendantlon or before ; and it is further Defendants ne s or o er pers e serve East 7151 Street Corporation, Jeffrey Epstei Rose, Inc. on or before 20 d/or Herbert and it is further ORDERED, that reply paper intiffs to any submission by injunction Nine East 7151 Street Corp made on or befor O ion, Jeffrey ern, and/or Herbert Rose, Inc. be , 2011; an s further EKED, that any application to dissolve this Tern Oral Argument Directed ays pnor written notice .JSC m t( RtV Att f t +4C1-"-Ir‘ tiC" P lEn &-f-21 i t& o• am ary Restraining fie A F RIEDIVIAN EFTA01112005 RESPECTFULLY SUBMITTED: BORENSTEIN MCCONNELL & CALPIN, P.C. Attorneys for Plaints By: ABRAHAM BORENSTEIN Opposition papers shall be served by UDI It , II Reply papers: if any, shall be served by rii1.115..., All papers shall to sztrir • • • • ' • • • ' ••• ..'•—•%/a- dates, and shall be filec: at least two (2) days i ,, . 0rai argument is recfairod. 1 7 11 EFTA01112006