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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK



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BLEECKER CHARLES COMPANY,             :       00 Civ. 7827 (GEL)

                         Plaintiff,   :
                                              JOINT AFFADAVIT OF
             -against-                :         SHIRLEY AND
                                               ANTHONY LOMANTO
350 BLEECKER STREET APARTMENT         :
CORPORATION,
                                      :
                         Defendant,
                                      :
             -against-
                                      :
BLEECKER PARKING CORP.,
                                      :
 Additional Counterclaim Defendant.
                                      :
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STATE OF NEW YORK   )
                          ss.:
COUNTY OF NEW YORK  )

          SHIRLEY LOMANTO and ANTHONY LOMANTO, both being duly sworn, state:

     1.     From at least December 1984 through the present, I, Shirley Lomanto, has been an employee of Kenneth B. Newman, P.C. whose principal is Kenneth B. Newman. Neither I nor my husband, Anthony Lomanto, have ever been employed by plaintiff Bleecker Charles Company ("the Sponsor").

     2.     On or about December 1, 1988, we purchased, as tenants in common, from the Sponsor, the Proprietary Lease issued by 350 Bleecker Street Apartment Corporation ("the Co-op") for Unit 2L located in the residential apartment building at 350 Bleecker Street in the City, County and State of New York, New York ("the Property") and related shares of stock in the Co-op.

     3.     Neither Mr. Newman nor any other representative of the Sponsor has ever influenced or attempted to influence any position that we have proposed to take, or have taken, as the owners of Unit 2L.

     4.     We understand that the Co-op sent written notices to some shareholders of Co-op for the shareholders meeting held on June 27, 2000 to vote a resolution to terminate that portion of an Agreement of Lease between the Sponsor and the Co-op covering the public parking garage appurtenant to the Property. We did not receive this notice, despite the fact that we were eligible to vote at that meeting on that resolution.

/s/ Shirley Lomanto
Shirley Lomanto

/s/ Anthony Lomanto
Anthony Lomanto

Sworn to me on
this 20th day of June, 2001

/s/ Carrie C. R. Koch
A Notary Public

CARRIE C. R. KOCH
Notary Public, State of New York
No. 01KO6037107
Qualified in New York County
Commission Expires Feb. 14, 2002

 

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