ZANE AND RUDOFSKY ECF NEW YORK We represent the Plaintiff in the referenced action. THE STARRETT LEHIGH BUILDING 601 WEST 26TH STREET

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Diane Floyd
5 years ago
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1 ZANE AND RUDOFSKY THE STARRETT LEHIGH BUILDING 601 WEST 26TH STREET NEW YORK FAX (212) VOIC (212) (212) WEBSITE http// September 7, 2018 Via ECF Hon. Debra Silber, J.S.C. Supreme Court, Kings County 360 Adams Street Brooklyn, New York Re 601 Sunset Owner LLC v. The State of New York Index Number /16 Dear Your Honor We represent the Plaintiff in the referenced action. be "So Enclosed please find a proposed Stipulation of Discontinuance which we request Ordered" by the Court. ri. Horowitz Enclosures a/s cc Charles E. Gary, Esq. VIA ECF

2 Supreme Court of tlje State of Reto forit County of Rings X 601 SUNSET OWNER LLC, Plaintiff, - against - Index No /16 THE STATE OF NEW YORK, Defendant X "SO ORDERED" STIP-ULATION DISCONTINUING ACTION WHEREAS, on or about August 9, 2016, Plaintiff, 601 Sunset Owner LLC ("Plaintiff"), commenced this action by service of a Summons and Complaint seeking, inter alia, a Judgment awarding title to certain real property (the "Defendant's Property") to Plaintiff; and WHEREAS, on or about June 7, 2018, Defendant, the State of New York ("Defendant"), served an Answer responding to the allegations set forth in Plaintiff's Complaiñt and asserting various Affirmative Defenses; and WHEREAS, subsequent to the joinder of issue Plaintiff filed a Notice of Intention with the Commissioner of General Services to apply, pursuant to Section 75(7) of the Public Land Law, for a grant of title to certain of Defendant's Property (the "Land Grant"); and

3 WHEREAS, in furtherance of the Notice of Intention, Plaintiff is in the process of pubhshing and serving a Notice of Application as required by Section 75(7) of the Public Land Law; and WHEREAS, as a result of the foregoing, Plaintiff is willing to discontinue this action on a without prejudice basis. NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned attorneys for the parties hereto as follows 1. The captioned action be, and the same is hereby discontinued on a without prejudice basis and without costs to either party, subject, however, to the provisions of Paragraph 2B hereof which provide for the discontiñuance of this action with prejudice. 2. A. In the event Plaintiff and Defendant, through the Office of General Services, are unable to reach an agreement regarding the Land Grant, regardless of the reason for same, then, in any such event, Plaintiff may take such action as is required by the Clerk of the Court to restore this action to the Court's active caleñdar, whung, but not limited to the service of a formal motion. B. In the event Plaintiff and Defendant, through the Office of General Services, are able to reach an agreement regarding the Land Grant and title to DAdant' S Property is thereafter transferred from Defendant to Plaintiff, then, in such event, this action shall be deemed discontinued with prejudicc and without costs to either party. 2

4 3. By executing this Stipulation Defandant shall be deemed to have consented to the restoration of this action to the Court's active calendar, and, in such regard, Defendant shall execute any document reasonable required by the Clerk of the Court to restore this action to the Court. In the event the parties are unable to restore this action to the Court's active calendar by means of motion or otherwise, then Plaintiff may reserve an identical Summons and Complaiñt on Defendant, by First Class Mail at the below noted address, and Defendånt shall, in such event, serve an identical Answer within twenty (20) days of the service of the new Summons and Complaint. 4. In the event Plaintiff elects to restore this action to the Court's active calendar or is compelled to commence a new action, then in any such event, Defendant shall not rely upon the fact that this action had been voluntarily discontinued by Plaintiff and/or the passage of time during the period that this action was not being actively litigated in support of any defense to Plaintiff's claims. 5. Any statute of limitarians applicable to Plaintiff's claims shall be tolled during the period this action has been marked-off the Court's calendar. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK 3

5 6. This Stipulation may be executed by PDF via which shall be binding on the parties hereto. Dated New York, w York September, 2018 ZANE and RUDOFSKY NEW YORK STATE OFFICE OF Attorneys for Plaintiff THE ATTORNEY GENERAL The Starrett Lehigh Building, Suite 1315 Attorneys for The State of New York 26d' 601 West Stre9t Motor Parkway, Suite 205 New York, Ne Vork Hauppange, New York (212) (631) By By B ic S. Hor witz Charles Ec y SO ORDERED J.S.C. 4

HOROWITZ LAW GROUP PLLC

HOROWITZ LAW GROUP PLLC 61 Broadway, Ste. 2125 New York, NY 10006 Telephone: (212) 920-4503 Facsimile: (646) 918-1474 www.horowitzpllc.com Email: jhorowitz@horowitzpllc.com Direct Dial: (212) 920-4503