Omnibus Motion 2

PLEASE TAKE NOTICE, that upon the annexed Affidavit of Respondent,

sworn to on the 6th day of July, 2006, and upon all exhibits & papers annexed hereto, the

undersigned (respondent) will move this Court at a Motion term held before Part A, Room 523 at the

New York County (Civil) Courthouse located at 111 Centre Street, on the 13th day of July, 2006 at

9:30 A.M., or as soon thereafter as practicable, for an order:

1. Granting respondent's MOTION TO DISMISS petitioner's case for defective Predicate Notice &

Notice of Petition & Petition.

2. Granting respondent's MOTION TO DISMISS instant case for failure to include NYC Department

of Housing, Preservation & Development as a party as required.

3. Granting MOTION TO ADD AFFIRMATIVE DEFENSE to respondent's ANSWER & AFFIDAVIT.

4. Granting respondent's MOTION TO COMPEL sufficiently prior to trial, petitioner's witness list.

in attached AFFIDAVIT as well as respondent's ANSWER & AFFIDAVIT and/or AMENDED

ANSWER & AFFIDAVIT.

and all such and further relief that this court may deem just and proper.