At IAS Part

.ik of the Supreme

Court of State of New York held in and for the County of New York at the County Courthouse on the i~'" of July, 2011

SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK

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In the Matter of the Application of ERIC W. ALLISON, KEVIN J. FARRELLY, TED NARDIN, THEODORE GRUNEWALD, and CITIZENS EMERGENCY COMMITTEE TO PRESERVE PRESERVATION, Petitioners/Plaintiffs, For a Judgment Pursuant to Article 78 and Sections 3001 and 6301 of the Civil Practice Law & Rules

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ORDER TO

Index No.

-againstTHE NEW YORK CITY LANDMARKS PRESERVATION COMMISSION, VORNADO REALTY TRUST, 510 FIFTH AVENUE LLC, 510 FIFTH EAT LLC, VORNADO REALTY, LP, and VNO 510 FIFTH LLC, Respondents/Defendants

SHOW CAUSE WITH TEMPORARY RESTRAINTS

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Upon reading and filing the annexed Verified Petition verified on July 7, 2011,and the exhibits thereto,the
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affirmation of Michael S. G~ted

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July 8, 2011, the affidavits of

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to July 7, 2011, the exhibits attached

Eric Allison sworn to July 7, 2011, Terence Riley sworn to June 21, 2011, Kenneth Frampton sworn to July 1,2011, and Theodore Grun~om

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to the foregoing, and Petitioners/PlaintiffsMemorandum 2011, it is hereby ORDERED that Respondents NEW YORK CITY LANDMARKS PRESERVATION COMMISSION, VORNADO REALTY TRUST, 510 FIFTH AVENUE LLC'L510 FIFTH or (OUN5e appea( a EAT LLC, VORNADO REALTY, LP, and VNO 510 FIFTH LLC{sHOW CAUS~efore
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of Law in Support dated July 8,

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.

this Court, at IAS Part~,

of the Supreme Court of the State of New York, County of New

"1'~

York, located at the New York County Courthouse,.,6.O.-GermeStreet, New York, New York, 100p:7, on the

13

day of July, 2011, atf;3lb'clock /!.m., or as soon thereafter as counsel can

be heard, why a temporary restraining order and/or preliminary injunction should not be issued staying and/or preliminarily enjoining Respondent7'and all of their agents and assigns,

from engaging in any continuing physical alteration, demolition, removal of building components, or other work (other than ordinary maintenance andrepairs notF'ffecting any change to structure or finish ofthe subject build,iing) on either the exterior or the interior of the landmarked Manufacturers Trust Company building at 510 Fifth Avenue, New York, New York (the "MTC Building"), whether or not pursuant to the Certificate of Appropriateness granted by Respondent New York City Landmarks Preservation Commission ("LPC") to Respondent Vornado Realty Trust ("Vornado") on May 19, 2011>purportedly authorizing Vornado to make major alterations to and demolish parts of the landmarked interior and exterior of the MTC Building, pending final judgment in this proceeding; and enjoining Respondents substantially immediately to produce to Petitioners' counsel documents requested in letters dated June 23, 2011>and July 6,2011, appended to the Petition; and

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ORDERED that pending ~,~hfelminati<1non Petitioners' motion for a stay and/or preliminary injunction, Respondents ~VORNADO REALTY TRUST, 510 FIFTH AVENUE LLC, 510 FIFTH

EAT LLC, VORNADO REALTY, LP, and VNO 510 FIFTH LLC, their agents and assigns are hereby TEMPORARIL Y RESTRAINED from engaging in any continuing physical alteration, demolition, removal of building components, or other work (other than ordinary

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maintenance and repairs not effecting any change to structure or finish of the subject exterior or the interior of MTC Building, whether or not pursuant to

id Certif icate 0 f Annronri ern \.p'propnateness-;" 0J;1 .ltA~ ~tllVJI'M f".!.~ ..

seuu1~

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ORDERED that PetitionerslPlaintiffs

shall serve by hand a copy of this Order and the

papers upon which it is based on Respondents or ~8K S8l:ffi:!'lel or before the Il f)fdayof on July, 2011; and it is further ORDERED that Respondents shall serve any responsive papers by hand on counsel for Petitioners, Michael S. Gruen, of Michael S. Gruen Law Offices, 249 West 34th St, Suite 401, New York, NY 10001, and Albert K. Butzel, of Albert K. Butze1 Law Offices, 249 West 34th St, Suite 400, New York, NY 10001pn or before the cWP'day of July, 2011; and it is further ORDE~D that Petitioners shall serve any reply papers by hand on Respondents' ~ ~

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counsel on or before the )'JWaayofJuly,2011;and~~ ~.~~ W PttlIr LfY, ~ UJ&t-, hJ -, ':;J.Z fl' {ltt tf-; tTP '" WI ORDERED that oral argument IS directed on the motion for stay or preliminary injunction on the ~day of July, 201~}at~'c1ock

l.m., or as soon thereafter as counsel

may be heard.

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LucfelLLiNGS
J.S.C.