This law firm represents the plaintiffs Ofek Rachel Ltd. and M.M.N. Yad David USA Ltd. (together, the "Plaintiffs") in the above-referenced action.

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1 c....j..j..c..., Q) 0..D..c V') SHB LETH VA NYSECF and HAND DELVERY Hon. David Cohen 111 Centre Street, Room 457 New York, New York Re: Ofek Rachel Ltd v. Suki Ben Zion ndex No /2016 Dear Honorable Justice Cohen: July 25, 2017 This law firm represents the plaintiffs Ofek Rachel Ltd. and M.M.N. Yad David USA Ltd. (together, the "Plaintiffs") in the above-referenced action. Please find attached a certified and apostilled copy of the sraeli Supreme Court's decision of June 19, 2017, with a translated copy of said decision. Should the Court act favorably upon the Plaintiffs' pending Motion for Summary Judgment, we respectfully request the scheduling of a conference call to set an expedited schedule for Plaintiffs' contemplated renewed motion for expedited discovery. Thank you, in advance, for Your Honor's consideration of the request herein. Respectfully submitted, Joshua Levin-Epstein Encls. cc: Defendant's Counsel via NYSECF 1 Penn Plaza, Suite 2527 New York, NY Phone Fax info@shiboleth.com

2 Serial Form No. 6 CERTJFCA TON OF TRANSLATON, the undersigned Kfir Biton Notary at Ramat-Gan srael hereby declare that am well acquainted with the Hebrew and English languages and that the document attached to this certification marked" " is a correct translation into English Of the certified copy of the original document drawn up in the Hebrew language, which has been produced to me and is also a photocopy of which is also attached herewith and marked"2". n Witness whereof certify the correctness of the said translation and that a correct certified copy of tl!e original document was produced to me by my signature and seal. This day Jul 24 th >111>v i!)od 6 'Or.l 0!))\:f,m:::ir.i!:li-<,\!.> )l-nr.i,::i 11>1"1) )1\:P::i,>!>::, r.i 11 nn >m >::>1 n>!:ll)nm n,1::nm '11!>\!.l::i J\Jm 1:>!:11\!. >m >'.),m::i nl!>oj 1r.i1t11:im m,1\!.l>i-<, <),1:::ir.in 1r.mr.m l\!.112-<i:l pmm!:l\!.,,,,:1mn n!l\!h p>nr.i rrmn i-<1n >)!>!: :1:::1m\!. n>,::i.yn n!l\!.j 11l.Yn,,,pr.in 1m:mn!:l'<J 0:1 <),1:::ir.i,,\!. l\!.11nr.i pn.yn!:l\!.,m,,:::i pn.yn 7\!.N nl!>o.j )l:l1uy.l) m )j)\!.l>n!: N)n p,,, nn, llr.inn omnn p,,, nn 1\!.NY.l >)N n>n,,,. >):)mn::i,,,, Jl):)>nn::i 'J 11 m pn.ynn m-n... :: ~:.: :,: ~...,. Notary's Seal and Signature. \ _,i... Notary fee 1,197 N..S.

3 APOSTLLE (C nvention de la Haye du 5 Octobre 1961) y_ s7i'ltte'br..1srael i,x,w,.m,.,~., L---H-- Th is public document 2. Has been signed by Advocate Kf' (}._ 3. Acting in capacity of Notary 4. Bears the seaj/stamp of the above Notary Certified fj r oj,,-1 5. At the Magistrates Court of Tel Aviv Jaffa 6. Date (lr:: / 4-. /.!;([Cf/'/ 7. By an official appointed by Minister of Justice under the Notaries Law, 1~6.') ofy \ 8. Serial number ~.) l1t,,,::i,y lll'oll >,,,::i enm.% ( \ \;),.,31,11,,1,u,in::i 1:i::ir.i:,,l nllnin:i,cn,n:, nx klllll.4,. m 11,,tm:i ',111 c,,::i.6,w,,,::i :illll\11 l):l,,, ',:s, 7,c,m,1m:, p,n,?:,', c,ull1ul:l:i ',wn:,,,,,,o ''01:l.s 't?nj 'nn ET BASEL V JlJN )J1 9. Seal/Stamp--/;-- 10.Signature -1}-- l Tel-A iv.:njn,n

4 06524 Globus-Translations July J - n the Supreme Court, sitting as the Court of Civil Appeals Civil Appeal 7167/16 Before: The appellant: The honorable Justice N. Hendel The honorable Justice N. Sahlberg The honorable Justice U. Shoham Suki Ben-Zion V. The respondents: 1. Ofek Rachel Ltd. 2. M.M.N. Yad David U.S.A. Ltd. Appeal of the judgment of the Central District Court of June 14, 2016, in Summary Procedure Civil Case , given by the honorable Justice Y. Kienar Date of the hearing: For the appellant: For the respondents: 7 Nissan 5177 (April 3, 2017) Adv. Ofer Tzur, Adv. Ofer Fleisher, Adv. Lior Sharabi Adv. Eitan Erez, Adv. Yoav Ben-Porat Judgment Justice N. Hendel: The background to the appeal is a financial claim based on an agreement between the parties, in which the appellant undertook to pay the respondents a sum of $4.5 million in return for their shares in an American company, which holds a hotel in New York, U.S.A. The appellant's reservation with respect to the decision of the Central District Court in Lod to allow the claim focuses on the allegation of coercion pursuant to the Contracts (General Part) Law [Stamp}: The Supreme Court The cause of action of coercion, which is intended to bring about the cancellation of the contract, imposes a high standard of fact and law. We did not find that the appellant proved

5 06524 Globus-Translations July 24, this claim. t is sufficient to say that factual elements that lie at the heart of the argument were not claimed at all during the trial until the summations stage. ndeed, there is more than meets the eye to the complete relationship between the parties. But this is far removed from proving the aforesaid cause of action which would justify the cancellation of a contract. To prove the claim of coercion, it is insufficient to claim that the contract lacks economic logic from the appellant's viewpoint n general, and in our case in particular, many reasons, including non economic ones, may explain a person's willingness to choose to sign a contract. The District Court's judgment is detailed and reasoned. t properly addresses the claims that were raised. We found no reason to intervene in the factual findings determined by it. The relationship between the parties to the contract can explain the appellant's willingness to make the contract on the terms that it was rrtade. Based on the aforesaid, no legal error was made in the conclusion that the appellant is liable to perform the contract as determined. The appeal is denied. n view of the arguments, there is no order for costs. Given today, 25 Tammuz 5777 (July 19, 2017). Justice Justice Justice The copy is subject to editing and wording changes _Z05.doc nformation Center, tel ; nternet site, MA [Stamp}: The Supreme Court hereby certify that this is a true copy of the original [signed} Date (2) Chief Secretary

6 7167 /16 N"l' ':nm ') \J l)'l'tl 1)JJ lljj)o 1 ) \J l1'l'tl 1)JJ onv 1 N \J l)'lln l)j:, :1))1Yr.m 1 l ) Y.l"))J '.ml j) l)n.1 )'.)11)).J J 11 Tl1N 1)11' ).b.y.l.2 O))Y.) l:>7y.) )l)n Y.li1 \J!l'l.lY.li1 n,::i ';,'l./ )))1 poo ';,)) l1yl)) 1'::i.:,,,, ';,)) 1n')'l.l p 11 1-<n::i ))j7 /) \J!ll'l.li1 ( ) ; 1\!J"? l 1 l))) 1 11 W ; 11~ 1 >))) 1"))) 'J))1\!J 1)N'J 1 1 '))) : l))1))0fl OYT.l :m:r>'ljpno... :'nlil 'l tl9l il :P'nni1 1ill:J.crrrxn l':l CJOi1 0'0:l 1;,y n'!:loj ily':jn - 7iy7y1;, Yyl,,n'XP'ir.Jx ;n:in:i 1i1'm'm rmen 11;,n p,1;,,r.i 4.5 1;,w 70 n1:j'1jjr.i1;, o,w, t.?!:l1vr.jil ni:i ny,jilr.j illil/1.)il 1;,iv rmr=non.j"i1ilcl1v j?i1'-1'jj 1 1;, p1;,n) C'l1ni1 pin '!:l 1;,y i1'!:lj nnn,:i mpr.in;, i1y'jr1i1 nx 1;,:::ip1;,, ',- ').1973-l",i1i11:::Jl i1j11ln.)j i1jn:,,i1t1ni1 71!J'J1;,?\'Ji11;, i1nl\jt)v,il'djil C'J'Ji,:, )";!7 '1.1T illl/t.? 00':::J 7Yil/r.Ji1,:, 1lX;!1' X7.n t,!)

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