FILED: KINGS COUNTY CLERK 03/12/ :28 PM

Transcription

1 FILED KINGS COUNTY CLERK 03/12/ PM INDEX NO /2015 NYSCEF DOC. NO. 38 RECEIVED NYSCEF 03/12/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS, HELEN WEBSTER, YECHESKEL WEBSTER, BORUCH WEBSTER, BENJAMIN WEBSTER, MOSHE WEBSTER, NEW FRANKLIN REHABILITATION & HEALTH CARE FACILITY, LLC and FORT TRYON REHABILITATION & HEALTH CARE FACILITY, -aganst- Plantffs, Index No /2015 > STIPULATION DEBORAH PHILIPSON, JUDY LANDA, DAVID FRIED, AARON BECHKR, ANTHONY BACCH1, MD, MARTIN FARBENBLUM, ISRAEL SHERMAN, AHRON HERSH, ISAAC HERSH, STEPHEN HERSH, JUDITH HERSH PARITZKY, JOSEPH GOLDBERGER, LEVY GELLER, HARRY W. AREM, BENJAMIN LANDA and BENT PHILIPSON, Defendants. X j WHEREAS, on or about January 11, 2016, defendant Martn Farbenblum passed away trggerng an automatc stay of the nstant acton pendng de substtuton of a proper party n the place and stead of the late Martn Farbenblum WHEREAS, counsel for Mr. Farbenblum has represented that Stanley Joseph was apponted by the Surrogate s Court of the State of New York, Nassau County, as Executor of the Estate of Martn Farbenblum by Certfcate of Appontment of Executor, dated March 25, 2016 and a copy of such Certfcate s annexed hereto as Exhbt A. NOW, IT IS HEREBY STIPULATED AND AGREED, by and between the undersgned counsel for ther respectve partes, as follows 1 1 of 6

2 FILED KINGS COUNTY CLERK 03/12/ PM INDEX NO /2015 NYSCEF DOC. NO. 38 RECEIVED NYSCEF 03/12/ The partes hereto hereby consent dal STANLEY JOSEPH, as Executor of the Estate of MARTIN FARBENBLUM shall be substtuted n the above-captoned acton pursuant to CPLR 1015 n the place and stead of MARTEN FARBENBLUM, and that the capton shall be amended to reflect STANLEY JOSEPH, as Executor of the Estate of MARTIN FARBENBLUM as a defendant n ths acton so that the capton shall read as follows SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS HELEN WEBSTER, YECHESKEL WEBSTER, BORUCH WEBSTER, BENJAMIN WEBSTER, MOSHE WEBSTER, NEW FRANKLIN REHABILITATION & HEALTH CARE FACILITY, LLC and FORT TRYON REHABILITATION & HEALTH CARE FACILITY, Plantffs, DEBORAH PHILIPSON, JUDY LANDA, DAVID FRIED, AARON BECHER, ANTHONY BACCHI, MD, STANLEY JOSEPH, AS EXECUTOR OF THE ESTATE OF MARTIN FARBENBLUM, ISRAEL SHERMAN, AHRON HERSH, ISAAC HERSH, STEPHEN HERSH, JUDITH HERSH PARITZKY, JOSEPH GOLDBERGER, LEVY GELLER, HARRY W. AREM, BENJAMIN LANDA and BENT HHJPSON, Defendants x -aganst- 2. The partes hereto hereby request that ths Stpulaton be SO ORDERED by the Court and entered wthout further notce to the sgnatores to ths Stpulaton. 3. Ths Stpulaton may be executed by the partes n multple counterparts, each of whch wll be consdered an orgnal and all of whch, together, wll be consdered one 2 2 of 6

3 FILED KINGS COUNTY CLERK 03/12/ PM INDEX NO /2015 NYSCEF DOC. NO. 38 RECEIVED NYSCEF 03/12/2018 document. Transmsson of a sgned copy of ths Stpulaton by one party (or ts counsel) to the other party (or ts counsel) by fax, e-mal or smlar electronc means wll have the same force and effect as delvery of the orgnal, manually-sgned counterpart so transmtted. Dated January Ijh 2018 By WEISS ZARETT BROFMAN SONNENKLAR & LEVY, P.C. Attorneys for Plantffs. Floyd jg. Grossman 3333 New Hyde Park Road, Sute 21 1 New Hyde Park, New York By GULKO SCHWED LLP Attorneys for Defendants ANTHONY BACCHI. M.D. and STANLEY JOSEPH, as Executor of the Estate of MARTIN FARBENBLUM Davd J. Fryman 44 Wall Street, Second Floor New York, NY (212) By ABRAMS, FENSTERMAN, FENSTERMAN, EISMAN, FORMATO, FERRARA & WOLF, LLP Attorneys for Defendants JUDY LANDA, DEBORAH PHILIPSON, ISRAEL SHERMAN, AHRON HERSH, ISAAC HERSH, STEPHEN HERSH, JUDITH HERSH PARITZKY, JOSEPH GOLDBERGER, LEVY GELLER, HARRY W. AREM, AARON BECHER, and DAVID FRIED John Cahalan 3 Dakota Drve, Sute 300 Lake Success. New York (516) SO ORDERED ths 5 day of flj ffcjv J.S.C. HON. SYLVIA G ASH, JSC 3 3 of 6

4 FILED KINGS COUNTY CLERK 03/12/ PM INDEX NO /2015 NYSCEF DOC. NO. 38 RECEIVED NYSCEF 03/12/2018 document Transmsson of a sgned copy of ths Stpulaton by one party (or ts counsel) to the other party (or ts counsel) by fax, e-mal or smlar electronc means wll have the same force and effect as delvery of the orgnal, manually-sgned counterpart so transmtted. Dated January 15, 2018 By WEISS ZARETT BROFMAN SONNENKLAR & LEVY, P.C. Attorneys for Plantffs Floyd G. Grossman 3333 New Hyde Park Road, Sute 211 New Hyde Park, New York By ABRAMS, FENSTERMAN, FENSTERMAN, EISMAN, FORMATO, FERRARA & WOLF, LLP Attorneys for Defendants JUDY LANDA, DEBORAH PHILIPSON, ISRAEL SHERMAN, AHRON HERSH, ISAAC HERSH, STEPHEN HERSH, JUDITH HERSH PARITZKY, JOSEPH GOLDBERGER, LEVY GELLER, HARRY W. AREM, AARON BECHER, and DAVID FRIED GULKO SCHWED LLP Attorneys for Defendants ANTHONY BACCHI, M.D. and STANLEY JOSEPH, as Executor of the Estate of MARTIN FARBENBLUM Jmd J. Fryman 44 Wall Street Second Floor New York, NY (212) I By John Cahalan 3 Dakota Drve, Sute 300 Lake Success, New York (516) SO ORDERED ths day of. j r c. HON. SYLVIA G. ASH, JSC 3 4 of 6

5 FILED KINGS COUNTY CLERK 03/12/ PM INDEX NO /2015 IFILED KINGS COUNTY CLERK 01/16/ AMI NYSCEF DOC. NO. 37 NYSCEF DOC. NO. 38 RECEIVED INDEX NYSCEF NO / /12/2018 RECETVFWÿXSCEFÿWÿ/2018 t.\< KfU'HtX.I.All NI «OM'AINS \ Ml VOIIH WIIHIKAl'II \M» MM. 1«H'KIA I WlKKI.K. Ilf IS IKH.I. MM ll.mhias vvsm. M.fom s<.m m ns. AIUII'VIAI. WATICIIMAKK nv HACK. \NI>.\ I. III.MICAI. I<I.\MI\ I vom M VII HI. C20 (Rev. 1/07) I Surrogate's Court of the State of New York Nassau County Certfcate of Appontment of Executor Certfcate# Fle# IT IS HEREBY CERTIFIED that Letters for the Estate of the Decedent named below have been granted by ths Court, and such Letters are unrevoked, are vald and are n full force as of ths date. < I Name of Decedent Martn Farbenblum. Date of Death Domcle Fducary Apponted January 11, 2016 Nassau County Stanley Joseph 7811 Wndy Lÿrgo Court Lake Worth RL Letters Issued LETTERS TESTAMENTARY Ej Letters Issued On March 25, 2016 \ I. r and such Letters are unrevoked and n full force as of ths date. Dated March 25, 2016 Mfneola, New York IN TESTIMONY WHEREOF, the seal of the Nassau County Surrogate s Court has been affxed. WITNESS, Honorable Margaret C. Relly, Judge of the Nassau County Surrogate s Court. Mchael J Murphy, Chef Clerk Nassau County Surrogate's Court Ths Certfcate s Not Vald Wthout the Rased Seal of the Nassau County Surrogate's Court and expres 6 months from the ssue date of ths certfcate, unless otherwse stated above. - J 5 of 6

6 FILED [FILED KINGS COUNTY CLERK 03/12/ PM INDEX NO /2015 NYSCEF DOC. NO. KINGS 38 COUNTY CLERK 01/16/ AMI RECEIVED INDEX NYSCEF NO. 03/12/ /2015 NYSCEF DOC. NO. 37 Surrogate's Court of the County of Nassau RECEIVED NYSCEF 01/16/2018 On the Date Wrtten Below LETTERS TESTAMENTARY were granted by the Surrogate s Court of Nassau County, New York as follows Name of Decedent Domcle Type of Letters Issued Martn Farbenblum Nassau County LETTERS TESTAMENTARY Fle# Date of Death Fducary Apponted Stanley Joseph 7811 Wndy Largo Court Lake Worth FL THESE LETTERS, granted pursuant to a decree entered by the court, authorze and empower the above-named fducary or fducares to perform all acts requste to the proper admnstraton and dsposton of the estate/trust of the Decedent n accordance wth the decree and the laws of New York State, subject to the lmtatons and restrctons, f any, as set forth above. Dated March 25, 2016 IN TESTIMONY WHEREOF, the seal of the Nassau County Surrogate's Court has been affxed. WITNESS, Hon Margaret C. Relly, Judge of the Nassau County Surrogate's Court Mchael J Murphy. Chef Clerk These Letters are Not Vald Wthout the Rased Seal of the Nassau County Surrogate's Court NOTICE Attenton s called n the provsonref Sec IGl A of Estates. Powers and Trusts taw and See. 7,19 cr.hc.surtpgnleycourt Procedure Ad whth makes t a 'msdemeanor and a cause for removal for a IWucIWy to Ucp<»«nvest esac ruds m h*,ndvdual account or name All, fond* must He deposted ut lre name of I'tdocay and to the credt of the.estate Sec 70» Md Sec 711 «1' the Sorrogate s Court Procedure Act provde that f the Dddre«.ofhe nducitry.chngm.they, than promptly notfy the court of the new address and that ltlmin dn sp wrth thrty { jnyday* after such such change may result n the suspenson or ttvreatrnnflsuftr 6 of 6