Plaintiff, OP EQUITIES, LLC FOLLOWING SETTLEMENT. Defendant. Defendant and Plaintiff on the Counterclaims. Additional Defendants. on the Counterclaims

Transcription

1 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ASTORIA 48 STREET CAPITAL, INC. INDEX NO /2015 Plaintiff, JUDGMENT FOR PROMPT PAYMENT OP EQUITIES, LLC FOLLOWING SETTLEMENT Defendant PURSUANT TO CPLR 5003-a OP EQUITIES, LLC Defendant and Plaintiff on the Counterclaims ANNA LOURIE; ELON LEBOVICH AND VERA NOVAK Additional Defendants on the Counterclaims Upon the filing of the above captioned action, and upon the caption being amended by court order dated May 10, 2017 to remove Benjamin Erpst from the caption (NYSCEF document #90) and upon the Additional Defendants on the Counterclaims having failed to appear in the action and upon plaintiff ASTORIA 48 (" 48 STREET CAPITAL, INC ("Plaintiff") and defendant OP Equities LLC (" Defendant" ("Defendant") having reached an agreement to settle this action, including all claims and counterclaims, for a lump sum payment in the sum of One Hundred Seventy Five Thousand and Fourteen ($175,014.00) Dollars from plaintiff to defendant; and upon reading and filing the annexed affirmation of Eli Fixler, Esq., dated June 25, 2018,

2 attorney for Defendant in support of Defendant's application for the entry of a judgment pursuant to CPLR 5003-a, it is ADJUDGED that defendant OP Equities, LLC with an address at c/o Eli Fixler, Esq., 1507 Avenue M, Brooklyn, New York shall have judgment against and do recover from the plaintiff ASTORIA 48TH STREET CAPITAL, INC, with an address at 735 Ocean Parkway, Brooklyn, NY 11230, the sum of One Hundred Seventy Five Thousand and Fourteen ($175,014.00) Dollars with interest from May 30, 2018 in the sum of $ plus costs and disbursements in the sum of $ as taxed, making a total amount of $ and the Defendant OP Equities LLC shall have execution therefor. ENTER: CLERK 2

3 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ASTORIA STREET CAPLITAL, INC. INDEX NO /2015 Plaintiff, AFFIRMATION IN SUPPORT OF OP EQUITIES, LLC DEFENDANT AND THIRD-PARTY OP EQUITIES, Counterclaims LLC PLAINTIFF OP Defendant EQUITIES, LLC'S APPLICATION FOR THE ENTRY OF A JUDGMENT PURSUANT Defendant and Plaintiff on the TO CPLR 5003-a ANNA LOURIE; ELON LEBOVICH AND VERA NOVAK Defendants on the Counterclaims ELI FIXLER, an attorney duly licensed to practice law in the courts of the State of New York hereby affirms the following, under penalties of perjury: 1. John Lonuzzi and I are co-counsel for Defendant and Plaintiff on the counterclaims OP EQUITIES, LLC ("OP Equities" or "Defendant" "Defendant") and I am familiar with the facts and proceedings heretofore had herein. 2. This affirmation is respectfully submitted in support of OP Equities' application for the entry of a judgment, pursuant to CPLR 5003-a, against the plaintiff ASTORIA 48 STREET CAPITAL, INC. in the sum of $175,

4 3. On March 30, 2018, plaintiff's attorney Ted Kalavesios, Esq. and I, after several weeks of negotiations, reached an agreement to settle this case, including all claims and counterclaims, for a lump sum payment in the sum of $175, from (" Settlement" plaintiff to defendant ("Settlement"). 4. On May 30, 2018, based on the Settlement of this case, I tendered to Plaintiff's counsel by certified mail return receipt requested, a Stipulation of Discontinuance and a General Release executed by the managing member of defendant. See Exhibit A. 5. However, to date, 26 days after tendering the executed Stipulation of Discontinuance and a General Release, plaintiff has failed to pay the Settlement amount and the sum of $175, is due and owing. 6. OP Equities is entitled to a judgment pursuant to CPLR 5003-a. WHEREFORE, it is respectfully requested that the County Clerk enter a judgment in favor of OP Equities LLC and against the plaintiff Astoria STREET CAPLITAL, INC for the sum of $175,014.00, plus interest, costs and disbursements in the form judgment attached hereto. Dated: Brooklyn, New York June 25, 2018 ELI FIXLER 2

5

6 ~ri r I ~ I r l t I To allto whom these <Presents shallcome or now that may Concern I OP EQ UITIES, LLC, c/o Eli Fixler, Esq Avenue M. Brooklyn, NY A limited liability company organized under the laws of the State of NY as RELEASOR, in consideration of the sum of S175, and other valuable considerationreceived from ASTORIA 48TH STREET CAPITAL, INC, a New York State corporation, ANNA LOURIE; ELON LEBOVICH and VIERA NOVAK releases and discharges as RELEASEE, the RELEASEE, RELEASEE's heirs, executors, administrators, successors and assigns from all actions, causesof action,.suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, extents, executions, claims, and demands whatsoever, in law,:admiralty or equity, which against the RELEASEE, the RELEASOR, RELEASOR'S successors and assigns ever had, now have or hereafter can, shall or may have, for, upon, or by reason of any matter, cause or thing whatsoever from the beginning of the world to the day of the date of this RELEASE. This release relates to any and all claims concerning any matter including without limitation the real property located at 733 Ocean Parkway, Brooklyn, New York, Kings County Tax Map Block 5428, Lot 7 and 735 Ocean Parkway, Brooklyn, New York, Kings County Tax Map Block 5428, Lot 6. The words "RELEASOR" and "RELEASEE" include all releasors and all releasees under this RELEASE. This RELEASE may not be changed orally. A faxed or ed executed copy of this release shall be deemed an original for all purposes. In½VinessWhetrof; the RELEASOR has caused this RELEA5'E to be executed by its duly authorized of]fcers and its corporate seal to be hereunto ajjlxed on In presence oof: By...,,...,,,..,,, Signatureandofficeof individualtakingacknowledgrnent ACKNOWLEDGMENT RPL 309-a (Do not use outside New York State) On the h day of May, in the year 2018, before me, the undersigned, a Notary Public in and for said State, personally appeared Aaron Chitrik Purec, as managing member of OP EQUlT1ES, LLC personally known to me or proved to me on the basis of satisfactory evidence to be the individuals(s) whose name(s) is (are) subscribed to the within instrument and acknowledged.to me that lic/she/they executed the same in his/her/their capacity(ies) and that by his/her/their signature(s) on the instrument, the individual(s) or the person upon behalf of which the individual(s) acted, executed the instrument. rfshepartymakingpayment h antha.wma asthejmervestrand, deletestants " As RELEA5EE* Rfl andaddsames ofpossles relmmfaftertheward"eseharges. " Ell S. FlXLER 1 Notary Public, State of New York No. 02Fl Qualified in Queens Count Qe!Emission Expires September 8, a l

7 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ASTORIA 48 STREET CAPITAL, INC., INDEX NO /2015 Plaintiff, STIPULATION DISCONTINUANCE OF OP EQUITIES, LLC AND BENJAMIN ERPST, WITH PREJUDICE Individually and as sole general and managing member Of OP Equities, LLC Defendants. OP EQUITIES, LLC, Defendant and Plaintiff on the Counterclaims ANNA LOURIE; ELON LEBOVICH and VIERA NOVAK, Additional Defendants on the Counterclaims, IT IS HEREBY STIPULATED AND AGREED by and between the undersigned, the attorneys of record for all the appearing parties to the above-captioned action, that contingent upon receipt by defendant OP EQUITIES, LLC of the settlement payment in the sum of $175,014.00, whereas no party hereto is an infant or incompetent person for whom a committee has been appointed and no person not a party has an interest in the subject matter of the Action, the Action, including all claims, cross-claims and counterclaims, be and the same hereby is, discontinued, with prejudice, and without costs to either party as against the other. This Stipulation of Discontinuance with Prejudice may be filed without further notice with the Clerk of the Court, may be filed with faxed or electronic signatures and may be signed in counterparts.

8 Dated: Brooklyn, New York May 23, 2018 BUTLER, FITZGERALD, FIVESON Eli S. Fixler, Esq. & McCARTHY 1507 Avenue M Attorneys for Plaintiff Brooklyn, New York East 45th Street (718) New York, New York fixlerlaw@gmail.com Tel: (212) Attorney for Defendant Attorneys for Plaintiff John Lonuzzi, Esq. Lonuzzi & Woodland LLP 60 Sackett Street Brooklyn, New York (718) Co-Counsel

9 MIDW CONEYISLAND AVE BROOKLYN NY /30/2018 (800) :07 PM =====================.u -== ========== ========================== ====== Product Sale Final Description Qty Price First-Class 1 $0,50 Mail Letter (Domestic) (NEW YORK, NY 10017) (Weight:0 Lb 0.80 Oz) R (Estimated Delivery Date) (Friday 06/01/2018)... Certified 1 $3.45 ee (MUSPS Certified Mail ft) e o I ( ) Return 1 $2.75 Receipt >>. (MUSPS Return Receipt #) 3 c ( )... Total $6.70, '- a Z4 Cash $10,00 Change ($3.30) Text your tracking number to (2USPS) to get the latest status... Standard Message and Data rates may apply. You may also visit se u. e USPS Tracking or call In a hurry? Self-service kiosks offer La fo quick and easy check-out. Any Retail Associate can show you how. E LEE LL26 'to Preview your Mail Track your Packages Sign up for e I~( All sales final on stamps and postage Refunds for guaranteed services only Thank you for your business HELP US SERVE YOU BETTER TELL US ABOUTYOUR RECENT POSTAL EXPERIENCE https: Go to: / /postalexperience.com/pos or scan this code with your mobile device: E ' Qa or ca

10 6/25/2018 USPS.com - USPS Tracking Results USPS Tracking MQs > (hup://faq.usps.com/?articleld=220900) Track Another Package + Tracking Number: Reniove X On Time Expected Delivery on FRIDAY 1 JUNE by :00pmo Q' Cv/ Delivered June 1, 2018 at 2:16 pm Delivered, Front Desk/Reception NEW YORK, NY Get Updates v Text & Updates Tracking History V' Product Information 'V See Less A you' Can't find what re looking for? 1/2

11 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ASTORIA 48 STREET CAPITAL, INC., INDEX NO /2015 Plaintiff, OP EQUITIES, LLC Defendants. OP EQUITIES, LLC, Defendant and Plaintiff on the Counterclaims ANNA LOURIE; ELON LEBOVICH and VIERA NOVAK., Additional Defendants on the Counterclaims, JUDGMENT, AFFIRMATION AND EXHIBITS Eli S. Fixler, Esq Avenue M Brooklyn, NY (718) Attorney for Defendant OP EQUITIES, LLC John Lonuzzi, Esq. Lonuzzi & Woodland LLP 60 Sackett Street Brooklyn, New York (718) Co-Counsel