FILED: NEW YORK COUNTY CLERK 06/09/2014 INDEX NO /2013 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 06/09/2014

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1 FILED: NEW YORK COUNTY CLERK 06/09/2014 INDEX NO /2013 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 06/09/ `~ ~ ; 1 ~, ~_ Daniel M. Krainin 15th Floor 477 Madison Avenue New York, NY Direct:(212) Fax:(212) dkrainin@bdlaw.com June 9, 2014 VIA HAND DELIVERY AND E-FILING Hon. Shlomo S. Hagler Supreme Court of the State of New York Civil Term, New York County IAS Part 17, Room Centre St. New York, NY Re: Alfonso Cruz v Fist Ave. Copp and Shell Oil Co., Index No /2013 Dear Justice Hagler: Enclosed for the Court's review and approval is a Stipulation and [Proposed] Order of Discontinuance executed on behalf of Plaintiff Alfonso Cruz and Defendant Shell Oil Company ("Shell"). (The same is also being filed via the Court's CEF system.) Pursuant to N.Y. CPLR 3217, we respectfully request that the Court sign the enclosed and enter it as an Order to confirm the voluntary discontinuance of this action without prejudice as against Shell. Enclosures cc: Curtis Gilfillan, Esq. (Counsel for Plaintiff] Gregory Day, Esq. (Counsel for Defendant 2276 First Ave. Corp.) 1~Jc~sh~~r~tan, (~.C. Nlc~ry~and New York lvlassachusetts E~Jew jersey Texas Ccslifornia

2 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ALFONSO CRUZ, Index No /13 Hon. Shlomo S. Hagler IAS Part FIRST AVE CORP. and SHELL OIL COMPANY, STIPULATION AND ORDER OF DISCONTINUANCE WHEREAS Plaintiff commenced this action against Defendant Shell Oil Company ("Shell") alleging that Plaintiff was allegedly injured as a result of a slip and fall that occurred at a gasoline station located at First Avenue, New York, New York (the "Station"); WHEREAS Shell has represented to Plaintiff that it has no affiliation with, ownership interest in, or control over the Station, or any person or entity who operated the Station; and WHEREAS Plaintiff has agreed, based upon these representations, to voluntarily discontinue without prejudice all claims against Shell in the above-captioned action; IT IS HEREBY STIPULATED and agreed by and between the undersigned attorneys for the respective parties that, pursuant to N.Y. CPLR 3217(a), all claims against Defendant Shell are discontinued without prejudice and without costs to either party as against the other. No party is an infant, incompetent person for whom a committee has been appointed or conservatee, no person not a party has an interest in the subject matter of this action, and no plaintiff or defendant not a signatory to this stipulation has any remaining or unresolved claims or counterclaims in this action.

3 ALBERT BUSSETTI &ASSOCIATES, LLC By:!J Curtis B. Gilfil an, Esq. 467 Sylvan Avenue Englewood Cliffs, NJ (201) Attorneys fon Plaintiff BEVERIDGE &DIAMOND, P.C..~ ~ '~,# ~ ~, /kg By: Daniel M. Krainin ~~~ 477 Madison Avenue 15th Floor New York, NY (212) Attorneys for Defendant Shell Oil Company i t' 1 ' 1 Shlomo S. Hagler J.S.C. Dated:,

4 SUPREME COURT OF THE STATE OF NEW YORK Index No /13 COUNTY OF NEW YORK ALFONSO CRUZ, Plaintiff, 2276 FIRST AVE CORP. and SHELL OIL COMPANY, et al., Defendants. STIPULATION AND ORDER OF DISCONTINUANCE BEVERIDGE &DIAMOND, P.C. BY: Daniel M. Krainin 477 Madison Avenue, 15th Floor New York, New York (212} Attorneys fog Defendant Shell Oil Company Dated: June 9, 2014

5 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ALFONSO CRUZ, ~~ Plaintiff, 2276 FIRST AVE CORP. and SHELL OIL COMPANY, et al., AFFIDAVIT OF SERVICE Index No /13 Defendants I, Viktor A. Pashchenko, affirm that I am not a party to this action, am over 18 years of age, and reside in Staten Island, New York. I hereby affirm that on June 9, 2014, I filed via the Court's CEF system a true and correct copy of Stipulation and Order of Discontinuance. I also served a true and correct copy of same via U.S. Postal Service, first-class mail, by depositing it, enclosed in a properly addressed envelope, in an official depository of the United States Postal Service, for delivery to: Curtis B. Gilfillan, Esq. ALBERT BUZZETTI &ASSOCIATES, L.L.C. 521 Fifth Avenue, Suite 1700 New York, NY Attorneys fog Plaintiff Alfonso Cruz Gregory Day, Esq. LAW OFFICES OF STEVEN G. FAUTH, LLC 40 Wall Street, 28th Floor New York, New York Attorneys fog the Defendant 2276 Fist Ave Copp.

6 Sworn to before me this `~~.~ day of c,~ ~, ~.~ ~,.~~- Not Publ~~ MELISSA C. NIRST NOTARY PUBLIC-STATE OF NEW YORK No. O1 H Qualified in Kings County My Commission Expires April 16, 2x16

FILED: NEW YORK COUNTY CLERK 10/29/ :21 PM INDEX NO /2015 NYSCEF DOC. NO. 63 RECEIVED NYSCEF: 10/29/2018

FILED: NEW YORK COUNTY CLERK 10/29/ :21 PM INDEX NO /2015 NYSCEF DOC. NO. 63 RECEIVED NYSCEF: 10/29/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ------------------------- ---------------x ICEBERG MECHANICAL CORP., Index No. 652853/15 Plaintiff, -against- IAS Part 55 (D'AUGUSTE, J.S.C.) d/b/a