KASOWITZ, BENSON TORRES & FRIEDMAN LLP

At
Marc E. Kasowitz, Esquire
Supreme Court af the State Jf New
Daniel R. Benson, Esquire
York, held in and for the County of
Mark P. Ressler, Esquire
Maria Gorecki, Esquire
1633 Broadway
New York, New York 10019
(212) 506-1700
Presant

H
o
n

BROWN & CONNERY LLP

William M. Tambussi, Esquire
William F. Cook, Esquire
360 Haddon Avenue
Westmont, New Jersey 08 108
(856) 854-8900

Justica

At the Ex Parte Motion Term of the Supreme

Court of the State of New York, in and for the
County of New York, at the Courthouse
thereof, 60 Centr Street, N
day of
n the

&
-A

PRESENT: Hon. 1
Justice

...............................................................
In the Matter of the Application of Donald J. Trump
for an Order authorizing service of Subpoenas Ad
Testificandum and Duces Tecum on

y\bR 4
X

\N(OBK FF\GE

:
:

NEGL#S

) o ~ ~ ? ~

IndexNo.

ORDER PURSUANT TO
CPLR 3102(e)

ARTHUR OCHS SULZBERGER, JR.

WILLIAM KELLER and
LAWRENCE INGRASSIA
pursuant to a Commission issued in the action
entitled Donald J. Trump v. Timothy L. OBrien,
Time Warner Book Group Inc., and Warner Books
Inc. Docket No. L-545-06, pending in the Superior
Court of New Jersey, Law Division, Civil Part,
Camden County.
...............................................................

It@

:
:

Upon reading the affirmation of Maria Gorecki dated March 17,2008, and the exhibits
annexed thereto, including certified copies of the Commissions issued by the Superior Court of
New Jersey, Law Division, Civil Part, Camden County, in the action entitled Donald J: Trump v.

Timothy L. 0 'Brien, Time Warner Book Group Inc., and Warner Books Inc. (Docket No. L-54506), to take the depositions of and obtain documents from certain non-party witnesses residing in \
l i

the State of New York, and it appearing that the testimony and documents being sought are
material and necessary to the issues of such action pending in New Jersey;
Now, upon the ex parte application of Kasowitz, Benson, Torres & Friedman LLP, as
attorneys with respect to this application of Donald J. Trump, it is hereby
ORDERED that (i) Arthur Ochs Sulzberger, Jr. shall appear on Monday April 28,2008 at
1O:OO a.m., (ii) William Keller shall appear on Tuesday April 29, 2008 at 1O:OO a.m., and (iii) ,
Lawrence Ingrassia shall appear on Wednesday April 30,2008 at 1O:OO a.m. before an officer
authorized to administer oaths and to transcribe depositions at the offices of Kasowitz, Benson,
Torres & Friedman LLP, 1633 Broadway, New York, New York 10019, and at any recessed or
adjourned date and time, to give evidence and answer questions concerning such matters as are
material and necessary to an action now pending in the Superior Court of New Jersey Law
Division, Civil Part, Camden County, in the action entitled Donald J. Trump v. Timothy L.

0 'Brien, Time Warner Book Group Inc., and Warner Books Inc. , (Docket No. L-545-06); and it
is further
ORDERED that on or before Monday April 21,2008, Arthur Ochs Sulzberger, Jr.,
William Keller and Lawrence Ingrassia shall produce the writings and/or other tangible things
described on Schedule A annexed to the subpoena duces tecum directed to the witness; and it is
further
ORDERED that45
service of a copy of this Order together with the subpoenas and the
subpoenas duces tecum upon the deponents pursuant to CPLR tj 308 on or before the 28th day of
March 2008 shall be deemed good and sufficient service; and it is further
2

ORDERED that service

Order and the papers upon which it is based

shall be made by overnight

attorneys for all out-of-state parties on or

before the 3 1st day of March, 2008.