FILED: NEW YORK COUNTY CLERK 08/09/ :05 AM INDEX NO /2016 NYSCEF DOC. NO. 196 RECEIVED NYSCEF: 08/09/2018

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1 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK: PART 20 Index No.: / WEST 11th STREET LLC, Plaintiff, CHRISTINA -against- QUINN, PROBATIONARY STIPULATION OF SETTLEMENT Defendant. IT IS HEREBY STIPULATED and AGREED by and between the parties hereto as follows: "Defendant" 1. Defendant, CHRISTINA QUINN, (hereinafter "Defendant") hereby appears in this action by her attorneys, Mobilization for Justice, Inc., whose office is located at 100 William Street, Floor 6, New York, New York Defendant hereby admits and concedes the jurisdiction of this Court over her person, as well as the subject matter and in rem jurisdiction of this Court. 3. Without admitting or denying the allegations in the Complaint, Defendant waives with prejudice any and all defenses and counterclaims which she might have to the instant action. However, nothing in this paragraph shall preclude Defendant from opposing any motion made pursuant to Paragraph "14" herein or for any other relief preserved in this Stipulation. 4. In settlement of Plaintiff's claims, Defendant consents to a probationary period of 18 months, commencing on August 9, 2018 and ending on February 9, 2020 pursuant to the terms detailed herein. 5. Defendant hereby consents to entry of a Final Judgment of Possession and Order of Ejectment. 1 of 7

2 6. Said Final Judgment of Possession and Order of Ejectment may be entered without further notice to any party hereto. Said Final Judgment of Possession and Order of Ejectment shall provide for a Writ of Ejectment, which shall issue forthwith, but the execution of the Writ of Ejectment shall be stayed subject to the terms of this probationary stipulation of settlement. 7. lbefendant hereby represents that she is the sole tenant of the premises known more particularly as all rooms of Apartment 4RE which is located in the building known as and by the street address of 56 West 11th Street, New York, New York [hereinafter "subject premises" and/or "premises"] and that there are no other tenants, subtenants, occupants or persons in possession of the subject premises who are entitled to occupancy of the same pursuant to either the Rent Stabilization Code, the City Rent Law and/or any other applicable provisions of law. 8. During the probationary period, Defendant agrees to refrain from alleged nuisance behavior including, but not limited to, threatening or causing physical injury to or harassing any person in or within 25 feet of the building set forth in Paragraph "7" Building" (the "Subject Building"), leaving garbage or personal property in front of the entrance to the Apartment of any other tenant at the Subject Building, leaving garbage or personal property in the elevator at the Subject Building, or leaving garbage or personal property in any common area at the Subject Building except in a designated trash receptacle. Based upon Defendant's representations above, Plaintiff has agreed to enter into this stipulation to grant Defendant the probationary period as detailed herein. 9. As referred to herein, nuisance behavior and/or conditions shall mean those nuisance conditions and behavior set forth in the Complaint, the conduct set forth in Paragraph 2 2 of 7

3 "8" and any other unwarranted and unreasonable conditions and/or behavior which causes unsanitary conditions at or physical damage to the subject premises or other parts of the building where the subject premises is situated, or poses an actual threat to the safety of the building and/or its residents. 10. Defendant expressly agrees and otherwise acknowledges that her occupancy of the subject premises is governed by the terms of her last operative lease and all New York City, New York State and Federal laws not otherwise limited herein. 11. This Stipulation resolves with prejudice all issues currently pending between Defendant and Plaintiff and that may have previously been filed prior to the date of this Stipulation. 12. Defendant admits that the premises are currently in good and habitable condition. Plaintiff agrees during the probationary period detailed herein to take all steps necessary to ensure that the premises remain habitable and to provide the Defendant all services which were provided prior to the execution of the within Stipulation and which are mandated under governing law. Defendant shall give Plaintiff reasonable access to the premises upon notice, except in the event of an emergency. Plaintiff's failure to perform pursuant to this paragraph of the Stipulation shall in no way serve to void and/or modify any of the other provisions of the Stipulation and/or obligations of Defendant hereunder. 13. Defendant will submit any repair requests in writing to Plaintiff's attorneys and Defendant shall permit access for the requested repairs. Emergency repairs may be reported directly to Plaintiff, provided that Defendant provides notice of same to Plaintiff's attorneys as soon as practicable and in no event more than three (3) days after the occurrence of the condition requiring emergency repair. 3 3 of 7

4 14. If at any time after the execution of the within Stipulation, during the probationary period, Plaintiff determines that the nuisance conditions and/or behavior as defined herein have resumed and/or are occurring, then Plaintiff shall have a right to make a motion on eight (8) days notice to Defendant's attorney and Guardian Ad Litem for this matter to be restored to the calendar. Such motion shall be supported by an affidavit based upon personal knowledge. On the restoration date, the Court shall set a date and time for an immediate hearing on the sole issue of whether or not the specific nuisance conditions and/or behaviors alleged in the motion to restore have resumed and/or are occurring pursuant to the terms of the within Stipulation. At any such hearing, held as herein provided, Plaintiff shall neither be required to put forth evidence to prove a prima facie case, nor have any burden to prove its right to bring or pursue the underlying action. Any motion to restore pursuant to this paragraph shall be brought within the probationary period. 15. In the event Plaintiff prevails in the aforementioned hearing, the Court shall vacate the stay of the execution of the Writ of Ejectment set forth in Paragraph "6". The probationary period set forth herein, shall be the sole, final and exclusive remedy of Defendant, and it is understood that the Defendant shall not be given any further opportunities including no post-judgment right to cure and/or take any remedial measures with respect to the instant nuisance/ejectment Complaint, other than as set forth herein. Further, there shall not be any extensions or stays of the execution of the Writ of Ejectment in the event the Court determines that nuisance conditions and/or behavior as defined herein have resumed and/or are occurring, unless the Court determines on application by Defendant that a stay is appropriate under the particular circumstances. 4 4 of 7

5 16. In the event the Defendant continues to refrain from the nuisance behavior and does not cause further nuisance conditions as defined herein then, after this probationary period, this action shall be deemed settled, with prejudice, without an award of court costs and/or attorneys' fees for or against any party hereto. 17. While Plaintiff does not acknowledge or concede that Defendant is disabled, Defendant reserves any rights she may be entitled to with respect to any disabilities it may be determined that she has. 18. Defendant shall continue to pay use and occupancy to Plaintiff at the rate of $ per month on or before the fifth day of each month (provided that Defendant is receiving her SCRIE exemption), which may be accepted by Plaintiff and deposited during the probationary period without vitiating the Termination Notice, dated July 5, 2016, or without prejudice of any of its rights herein. Further, Plaintiff may send out any lease renewals mandated under the Rent Stabilization Law and Code without vitiating the Termination Notice, dated July 5, 2016, and further the use and occupancy set forth herein will be adjusted by such increases during the probationary period. 19. This Court shall retain jurisdiction over the instant action to provide a forum to the parties to enforce the terms hereof in the event of a breach, without prejudice to any parties right to appeal. 20. Any notice to Defendant shall either be hand delivered, ed or delivered by certified mail, return receipt requested to Defendant's attorney and Guardian Ad Litem. Likewise, any notice to Plaintiff shall either be hand delivered, ed or delivered by certified mail, return receipt requested to its attorneys. 5 5 of 7

6 21. Counsel for the Plaintiff hereby represents that they have been fully authorized by Plaintiff to negotiate and execute the within Stipulation on the client's behalf. Counsel for Defendant hereby represent that they have been fully authorized by Defendant to negotiate and execute the within Stipulation on Defendant's behalf. Defendant also executes the within Stipulation on her own behalf. 22. Defendant represents and warrants that she is not in any branch of the armed services or the military services of the United States. 23. All parties hereby consent to the within Stipulation being "so ordered" by the Court, and agree that either party may, without notice to the other party, submit the within Stipulation fully executed by Counsel, the Guardian Ad Litem and Defendant to the Court to be "so ordered". The failure of this Stipulation to be "so ordered" by the court shall not relieve any party from performing all of its obligations under the terms of the within Stipulation, once fully executed. 24. The within Stipulation may not be modified, changed or altered except in a subsequent writing signed by all of the parties to the instant Stipulation. This paragraph does not preclude any party from seeking any other relief preserved in this Stipulation. 25. The within Stipulation may be executed by and in counterpart and therefore this document will be binding on all of the parties hereto notwithstanding the fact that it does not contain inked signatures or that the signatures of all of the parties do not appear on a single page. BOTTOM OF PAGE INTENTIONALLY LEFT BLANK 6 6 of 7

7 IN WITNESS WHEREOF, the parties hereto have executed this Stipulation on the date appearing herein. Dated: New York, New York August 9, 2018 KOSSOFF, PLI.C Mobilization for Ju ice, I'nc. Attorneys for Plaintiff Attorneys for Defendant By: Christopher J. Dylewski, Esq. By: Sandra Grest, Esq. 217 Broadway, Suite William Street, Floor 6 New York, NY New York, New York (212) (212) Christina Defendant 56 West Quinn R~ ~/ / / AUl.'/ '. ~ /- r judy / Guardian / erreira Ad Litem 11th Street 41 Eastern Parkway, S1A Apartment 4RE Brooklyn, New York New York, New York (347) So Ordere DeborahA Kaplan J.S.C. 7 7 of 7