McGOEY & CERRATO, P.C. Attorneys At Law 656 Yonkers Avenue 12 East 46th Street, St. 6E Yonkers, New York 10704 New York, New York 10017 Tel: (914) 476-6272 (Notfor Service ofpapers) Fax: (914) 476-6271 PETER C.MERANI, P.C. 1001 Avenue of the Americas Suite 1800 New York, N.Y. 10018 Attn: Josh Youngman, Esq. Dear Mr. Youngman: Please reply to Yonkers Address January 29, 2015 RE: Port Authority v. Allways East Transportation, Inc. et al. Index No.: 450950/14 As discussed, enclosed please find the originally executed Stipulation of Settlement in this matter. As agreed, upon completion of the payments, as set forth in the Settlement Agreement, a General Release will be provided to my client. Further, as agreed, you will withdraw the current motion for Default Judgment, returnable on March 6, 2015. Please forward me the Stipulation to withdraw said motion filed with the Court. Thank you again for your courtesy and patience in this matter. Should you have any questions, please do not hesitate to contact me. SAC:cs cc: Allways East Arylfuly yours, McGOEY& CERRATO, P.C. A. Cerrato FILED: NEW YORK COUNTY CLERK 04/22/2015 04:40 PM INDEX NO. 450950/2014 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 04/22/2015
SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK THE PORT AUTHORITY OF NEW YORK & NEW JERSEY, - against - Plaintiff, A.E.T YESHIVA, ALL WAY EAST TRANS., ALL WAYS EAST, ALL YOURS LIMOUSINE SERVICE, LTD., ALLWAY EAST, ALLWAYS EAST, ALL-WAYS EAST, ALLWAYS EAST TRANSP, ALL-WAYS EAST TRANSPORTATION, ALLWAYS YOURS, ALLWAYS YOURS TRANSPORTATION, INC., ALWAYS YOURS, MARLAINA KOLLER and JOHN DOE 1-100, Defendant. -X -X Index No.: 450950/14 STIPULATION OF SETTLEMENT and PERSONAL GUARANTEE THIS STIPULATION OF SETTLEMENT ("Settlement") dated January 20, 2015, is entered between the parties to the above captioned action. WHEREAS, Plaintiff, The Port Authority of New York and New Jersey, (hereinafter referred to as the "Port Authority") owned, operated, maintained and controlled certain premises known respectively as the George Washington Bridge, The Lincoln Tunnel, tire Holland Tunnel, the Bayonne Bridge, the Outerbridge Crossing and the Goethals Bridge, which are all components of the Port Authority's Interstate Transportation Network. WHEREAS, the Defendants utilized the aforementioned premises of the Port Authority's Interstate Transportation Network. IT IS HEREBY STIPULATED AND AGREED between the Plaintiff, Port Authority and the Defendant(s) that:
1. Defendant herein appears and acknowledges the service of the summons and verified complaint and consents to the jurisdiction of this court. 2. SETTLEMENT TERMS: The Defendant agrees to settle this matter for the sum of $425,000.00 (subject to the PREPAYMENT OPTIONS as stated below in paragraph 3 of this stipulation). a. The sum of $425,000.00 must be paid within 36 months of February 10, 2015. b. The defendant further agrees to make monthly payments, which are due by the 10th of each month, starting in February 2015. c. The minimum monthly payment is $8,000.00. 3. PREPAYMENT OPTIONS: The defendant shall be permitted to prepay the settlement without penalties and without notice to the plaintiff (provided that the defendant makes a minimum payment of $8,000.00 each month). If the defendant chooses to prepay, the total amount of the settlement shall be reduced as follows: a. The Defendant can pay a total of $236,318.00 provided that the full $236,3 1 8.00 is paid within 12 months from 2/10/15. i. As an example, if the Defendant makes 1 1 monthly payments of $8,000.00, the Defendant has the option of making a payment of $148,318.00 as their 12^ and final payment. b. The Defendant can pay a total of $275,000.00 provided that the full $275,000.00 is paid within 18 months from 2/10/15. i. As an example, if the Defendant makes 17 monthly payments of $8,000.00, the Defendant has the option of making a payment of $139,000.00 as their 18th and final payment. c. The Defendant can pay a total of $375,000.00 provided that the full $375,000.00 is paid within 30 months from 2/10/15. -2-
i. As an example, if the Defendant makes 29 monthly payments of $8,000.00, the Defendant has the option of making a payment of $143,000.00 as their 30th and final payment. 4. TOLL VIOLATION ACCELERATION CLAUSE: a. If the Defendants collectively commit more than ten (10) toll violation transactions (as defined in paragraph 4b of this stipulation) within a 30 day period, the right to prepay (as outlined above in paragraph 3 of this stipulation) shall be permanently and irretrievably revoked. b. A "toll violation transaction" is defined as a utilization of any of the bridges/tunnels referenced on page 1 of the instant stipulation without remitting payment at the time the bridge/tunnel is used and then without remitting payment of the outstanding toll upon receipt of the toll violation notice from the PA. Any tolls that are either paid at the time of the bridge/tunnel usage or paid within thirty (30) days of the issuance of the PA's toll violation notice shall not be considered a "toll violation transaction". c. Should the Defendants collectively commit more than ten (10) toll violation transactions (as defined in paragraph 4b of this stipulation), the plaintiff agrees to provide notice to the defendant's attorney, Stephen Cerrato. The plaintiff shall provide said notice per fax to Stephen Cerrato at {cfii/ - >2*11 and shall also send a courtesy email to Stephen Cerrato at scerrato@mcgoeylaw.com. The Defendants shall then have 10 business days from the date that the notice is faxed to cure their default by remitting payment for the full amount referenced on the notice faxed by the plaintiffs attorney. d. Should the Defendants cure their default within 10 business days after the plaintiffs attorney faxes notice pursuant to paragraph 4c of the instant stipulation, the TOLL VIOLATION ACCELERATION CLAUSE shall not be enforced. -3-
5. REDUCED AND/OR MISSED PAYMENT CLAUSE: a. Should the Defendant remit a monthly payment that is less than that listed then $8,000, the right to prepay (as outlined above in paragraph 3 of this stipulation) shall be permanently and irretrievably revoked unless the Defendant's following month payment also includes the balance due from the lower payment made the prior month (i.e. the Defendant has one month to cure any reduced payment). b. Should the Defendant fail to remit a payment by the 10th of any given month, the Defendant agrees that the plaintiff can enter a judgment against the Defendants for $425,000.00, plus interest, attorney fees and costs incurred therein (upon 10 days notice to the Defendant's attorney in the same fashion as outlined in paragraph 4c of this stipulation). 6. Payments must be made by bank/certified check and/or a check from the Defendant's attorney. 7. Each payment shall bear the file number 26809. 8. The Defendant agrees to issue all payments, including any payments needed to cure a default pursuant to paragraph 3c of the instant stipulation, to: The Port Authority ofnew York & New Jersey Attn: Peter C. Merani, P.C. 1001 Avenue of the Americas Suite 1800 New York, N.Y. 10018 9. Notwithstanding that one or more of the defendants in this action is a corporation, or that the underlying debts owed to the plaintiff may have been accrued by any of the named defendant(s) or corporation(s), Co-Defendant, Ko llcx (the "guarantor"), personally guarantee that the above-referenced settlement shall be paid as outlined above. -4-
10. The Co-Defendant, Jii/j V^o 1 le T, personally acknowledges that this guarantee and her obligations under this Guarantee are and shall at all times continue to be absolute and unconditional in all respects, and shall at all times be valid and enforceable irrespective of any other agreements or circumstances of any nature whatsoever which might otherwise constitute a defense to this Guarantee and the obligations of the Guarantor under this Guarantee or the obligations of any other person or party relating to this Guarantee or the obligations of the Guarantor hereunder. 11. Furthermore, the Co-Defendant, V^oUgiT understands that if the settlement is not paid as outlined above, a judgment shall be entered against her, Kcoiler, personally. 12. The Defendants absolutely, unconditionally and irrevocably waive any and all right to assert any defense, set-off, counterclaim or cross-claim of any nature whatsoever with respect to this Guarantee or to her obligations under this Guarantee or the obligations of any other person or party relating to this Guarantee or the obligations of the Guarantor under the Guarantee or otherwise with respect to the monies owed by the defendant(s) in any action or proceeding brought by the holder hereof to collect the monies owed or any portion thereof, or to enforce, the obligations of the Guarantor under this Guarantee. The Guarantor acknowledges that no oral or other agreements, understandings, representations or warranties exist with respect to this Guarantee or with respect to the obligations of the Guarantor under this Guarantee, except as specifically set forth in this Guarantee. -5-
13. The Defendants understand and agrees that this settlement and discontinuance covers all tolls and/or violations that have been accrued by the Defendants for usage of any of the bridges/tunnels referenced on schedule A of the attached Release. The attached Release is incorporated by reference and is made a part ofthis stipulation of settlement. 14. The Stipulation and personal guarantee may be executed in any number of counter parts, each of which shall constitute an original and which, taken together, shall constitute one and the same Stipulation and personal guarantee and any of the parties hereto may execute this Stipulation and personal guarantee by signing any such counterpart. Further, facsimile and photocopies of this document and the signatures herein shall have the same force and effect as original signatures. 15. The Stipulation and personal guarantee may be filed without further notice to the Clerk of the Court. 16. This Stipulation and personal guarantee may not be changed unless in v/riting signed by both parties. 17. Any affirmative defenses or counterclaims Defendant might have had are hereby waived in exchange for the Port Authority's acceptance of the above terms. Any attempt to vacate the stipulation or any judgment entered based on a breach of the terms of the stipulation shall be void. Dated: Januaiy 20, 2015 New York, N.Y. Josh Ymngman, Esq. peterijc. MERANI, P.C. Attorney for Plaintiff 1001 Avenue of the Americas Suite 1 800-6-
New York, N.Y. 10018 (212) 629-9690 File No.: 26809 S-ftu "h P- C / & term k, && By:,, ^ /^i>r~~t-fbr Defendants 0 lief On 24,2015 before me personally appeared ZCuLgifW^ V^U^r, to me known and known by me to be the individual(s) described in and who executed the foregoing personal guarantee and he/she duly acknowledged to me that he/she executed same. STEPHEN A CERRATO Notary Public, State of NewYork No. 02CES095267 Qualified in Westchester County Commission Expires July 07. ^ > -7-
;.erratp; P.C. rs Avenue Y 10704 P TER C. MERANI, P.C.. W.ESTCHEATFf.R-M SQ^ai^ScaS 1001 Avenue of the Americas Suite 1800 New York, N.Y. 10018 Attn: Josh Youngman, Esq. iooibsbblb CG33