Preview
FILED: NEW YORKNOTICE
COUNTY CLERKINDEX NO. 652327/2024
05/09/2024 12:4
TO CURE
NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 05/09/2024
TO: Garvall Harrison Booker, Jr.
628 East 9* Street, Apartment #3B
New York, New York 10009
PLEASE TAKE NOTICE, that you are violating a substantial obligation of your tenancy and your
Proprietary Lease, Paragraph No. 15(a), and Paragraph I4(a), and applicable laws by, without consent of your
Landlord, 628 East 9 Street HDFC, subletting Apartment #3B to unauthorized individuals, for an unauthorized
period of time. The facts upon which this Notice are based are: You gave Notice to 628 East 9 Street HDFC
that you would be subletting the subject Apartment to John B. Arnold and Stacey Esklin, a/k/a Stacey Keith,
for a three (3)-month period commencing June 15, 2023. A sublet of the subject Apartment for a three-month
period is permissible. However, to extend said sublease for a period of time after September 14, 202-3, you
were required to submit an application for consent to extend said sublet. You did not submit the requisite
application. The sublet to John B. Arnold and Stacey Eskiin continued after the permissible three (3)-month
period which ended on September 14, 2023. Said subtenants remain in occupancy of the subject Apartment,
without the permission nor consent of 628 East 9 Street HDFC. The continued occupancy of the subject
Apartment by John B. Arnold and Stacey Esklin is a violation of the Subletting provision of the Proprietary
Lease, at Paragraph 15(a). In addition, occupancy by John B. Arnold and Stacey Esklin for the period of time
after September 15, 2023 is a violation of the Use clause of the Proprietary Lease, at Paragraph 14(a), which
proscribes occupancy of the subject Apartment by unauthorized individuals for a period of time longer than
three (3) months, You are not occupying and have not occupied the subject Apartment since before June 15,
2023.
PLEASE TAKE FURTHER NOTICE, that if you fail to cure said violations on or before the 5th
day of ar ch , 2024, a day which is more than thirty days after the date on which this
Notice is served upon you, the Landlord, 628 East 9 Street HDFC, will terminate your tenancy in accordance
with applicable provisions of the Proprietary Lease, including Paragraphs 31, 31(c), and the law.
PLEASE TAKE FURTHER NOTICE, that pursuant to Paragraph 28 of the Proprietary Lease, you
are responsible for legal fees incurred by the Landlord, 628 East 9 Street HDFC, for the preparation and service
of this Notice to Cure, as well as any and all work done prior and subsequent thereto, based upon your default
under the Proprietary Lease.
PLEASE TAKE FURTHER NOTICE, that any response to this Notice should be sent and directed
to the attorney for the Landlord, whose address is listed below.
Dated: New York, New York 628 EA T 9 STREET HDFC
J a n n a r y 2 8 , 2024
RRICK ALFORD, President
EDWARD JOSEPH FILEMYR IV
Attorney for Landlord
628 East 9 Street HDFC
11 Park Place, 7* Floor, Suite 714
New York, New York 10007
TeL: (212) 2334069
Email: filemW@ verigon.net
CALaw
Office£awOfficeDocumem£mGT.L& 628East9Sucet
REBooketJr#3B
RENtemCore
1232024;wpd
FILED: NEW YORK COUNTY CLERK 05/09/2024 12:47 PM INDEX NO. 652327/2024
NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 05/09/2024
STIPULATION
This stipulation is entered into by and between the attorneys for Garvall
Harrison Booker, Jr. and 628 East 9 Street HDFC as follows:
WHEREAS Garvall Harrison Booker, Jr. is a shareholder of 628 East 9 Street
HDFC, and lessee pursuant to a proprietary lease appurtenant to apartment 3B at 628
East 9th Street, New York, NY 10009;
WHEREAS 628 East 9 Street HDFC is lessor;
WHEREAS on or about January 29, 2024, Garvall Harrison Booker, Jr.
commenced a landlord and tenant holdover summary proceeding in the Civil Court
of the City of New York, County of New York titled Garvall Harrison Booker, Jr.
v John B. Arnold and Stacey Eskelin a/k/a Stacey Keith, Index No. LT-301832-
24/NY (“Summary Proceeding”);
WHEREAS the Summary Proceeding was first returnable in court on
February 21, 2024 and it was then adjourned to April 1, 2024;
WHEREAS 628 East 9 Street HDFC caused a Notice to Cure, dated January
28, 2024 to be served upon Mr. Booker alleging that Mr. Booker was in default of
the proprietary lease insofar as he allegedly permitted sublet tenants John B. Arnold
and Stacey Eskelin a/k/a Stacey Keith (“Occupants”) to remain in possession of
apartment 3B at 628 East 9th Street, New York, NY 10009 beyond the time permitted
to do so;
WHEREAS the Notice to Cure advised that the alleged default had to be cured
by removal of the Occupants on or before March 5, 2024;
NOW THEREFORE,
1. The date by which 628 East 9 Street HDFC’s Notice to Cure, dated January
28, 2024, shall expire shall be extended for 30 (THIRTY) days from March
5, 2024 to April 4, 2024;
2. The date by which Garvall Harrison Booker, Jr. must cure any alleged
default as alleged in 628 East 9 Street HDFC’s Notice to Cure, dated
January 28, 2024, shall be extended for 30 (THIRTY) days from March 5,
2024 to April 4, 2024;
FILED: NEW YORK COUNTY CLERK 05/09/2024 12:47 PM INDEX NO. 652327/2024
NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 05/09/2024
3. 628 East 9 Street HDFC shall take no action before April 4, 2024 in equity
or law or otherwise to terminate the proprietary lease of which Garvall
Harrison Booker, Jr. is lessee and 628 East 9 Street HDFC is lessor in
95
connection with apartment 3B at 628 East Street, New York, NY 10009
for the reasons set forth in the Notice to Cure dated January 28, 2024;
4. Garvall Harrison Booker, Jr. and 628 East 9 Street HDFC each reserve all
rights and defenses;
5. This stipulation may be executed in counterparts and electronic signatures
shall be deemed originals; and
6. The undersigned have the express consent of their clients to enter into this
clients'
stipulation with the knowledge that they are bound by its terms.
7. Garvall Harrison Booker, Jr. and 628 East 9 Street HDFC each agree not
to commence an action or proceeding against the other before March 29,
2024 in connection with 628 East 9 Street HDFC's Notice to Cure, dated
January 28, 2024.
Dated: February 28, 2024
Queens, NY
Edward Jos Fi emyr IV, . Howard S. Levine, Esq.
Attorney for 628 9 Street HDFC Hertz, Cherson & Rosenthal, PC
75
11 Park Place, Floor, Suite 714 Attorneys for Garvall Harrison Booker, Jr.
96
New York, NY 10007 118-35 Queens Blvd., Floor
(212) 233-4069 Forest Hills, NY 11375
filemyr@verizon.net (718) 269-7731
howard.Levine@rhcrlaw-com
FILED: NEW YORK COUNTY CLERK 05/09/2024 12:47 PM INDEX NO. 652327/2024
NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 05/09/2024
STIPULATION
This stipulation is entered into by and between the attorneys for Garvall
Harrison Booker, Jr. and 628 East 9 Street HDFC as follows:
WHEREAS Garvall Harrison Booker, Jr. is a shareholder of 628 East 9 Street
HDFC, and lessee pursuant to a proprietary lease appurtenant to apartment 3B at 628
96
East Street, New York, NY 10009;
WHEREAS 628 East 9 Street HDFC is lessor;
WHEREAS on or about January 29, 2024, Garvall Harrison Booker, Jr.
commenced a landlord and tenant holdover summary proceeding in the Civil Court
of the City of New York, County of New York titled Garvall Harrison Booker, Jr.
v John B. Arnold and Eskelin a/k/a Index No. LT-301832-
Stacey Stacey Keith,
24/NY ("Summary Proceeding");
WHEREAS the Summary Proceeding was first returnable in court on
February 21, 2024 and it was then adjourned to April 1, 2024;
WHEREAS 628 East 9 Street HDFC caused a Notice to Cure, dated January
28, 2024 to be served upon Mr. Booker alleging that Mr. Booker was in default of
the proprietary lease insofar as he allegedly permitted sublet tenants John B. Arnold
and Stacey Eskelin a/k/a Stacey Keith ("Occupants") to remain in possession of
96
apartment 3B at 628 East Street, New York, NY 10009 beyond the time permitted
to do so;
WHEREAS the Notice to Cure advised that the alleged default had to be cured
by removal of the Occupants on or before March 5, 2024;
WHEREAS, The date by which 628 East 9 Street HDFC's Notice to Cure,
dated January 28, 2024, shall expire was extended by stipulation for 30 (THIRTY)
days from March 5, 2024 to April 4, 2024;
NOW THEREFORE,
1. The date by which 628 East 9 Street HDFC's Notice to Cure, dated January
28, 2024, shall expire shall be extended from April 4, 2024 to May 10,
2024;
FILED: NEW YORK COUNTY CLERK 05/09/2024 12:47 PM INDEX NO. 652327/2024
NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 05/09/2024
2. The date by which Garvall Harrison Booker, Jr. must cure any alleged
default as alleged in 628 East 9 Street HDFC's Notice to Cure, dated
January 28, 2024, shall be extended from April 4, 2024 to May 10, 2024;
3. 628 East 9 Street HDFC shall take no action before May 10, 2024 in equity
or law or otherwise to terminate the proprietary lease of which Garvall
Harrison Booker, Jr. is lessee and 628 East 9 Street HDFC is lessor in
96
connection with apartment 3B at 628 East Street, New York, NY 10009
for the reasons set forth in the Notice to Cure dated January 28, 2024;
4. Garvall Harrison Booker, Jr. and 628 East 9 Street HDFC each reserve all
rights and defenses;
5. This stipulation may be executed in counterparts and electronic signatures
shall be deemed originals;
6. The undersigned have the express consent of their clients to enter into this
clients'
stipulation with the knowledge that they are bound by its terms;
and
7. Garvall Harrison Booker, Jr. and 628 East 9 Street HDFC each agree not
to commence an action or proceeding against the other before May 3, 2024
in connection with 628 East 9 Street HDFC's Notice to Cure, dated January
28, 2024.
Dated: March 25, 2024
Queens, NY
Edward oseph Filemyr IV, Esq. Howard S. Levine, Esq.
Attorney for 628 9 Street HDFC Hertz, Cherson & Rosenthal, PC
76
11 Park Place, Floor, Suite 714 Attorneys for Garvall Harrison Booker, Jr.
95
New York, NY 10007 118-35 Queens Blvd., Floor
(212) 233-4069 Forest Hills, NY 11375
filemyr@verizon.net (718) 269-7731
howard.levine@rhcrlaw.com
FILED: NEW YORK COUNTY CLERK 05/09/2024 12:47 PM INDEX NO. 652327/2024
NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 05/09/2024
From: filemyr@verizon.net
To: Barbara Dietch; Howard Levine
Subject: Re: 628 East 9 Street HDFC v. Booker, Jr.
Date: Monday, March 25, 2024 12:13:23 PM
Attachments: 628stp.pdf
Howard Levine:
The executed Stipulation dated March 25 2024 is attached.
Please keep me advised of the progress of the holdover proceeding pending against
the subtenants.
Edward Filemyr
212-233-4069
On Monday, March 25, 2024 at 11:37:11 AM EDT, Howard Levine wrote:
Please see attached.
Thank you.
Howard S. Levine, Esq. • Partner
118-35 Queens Boulevard, 9th Floor
Forest Hills, New York 11375
Firm: (718) 261-7700 • Fax: (718) 228-9619
Please be advised that the information in this electronic mail message is the sender's business
confidential work product and may be a confidential attorney-client communication. It is intended
solely for the addressee(s). Access to this electronic mail message by anyone else is unauthorized. If
you are not the intended recipient, please do not read, copy or re-transmit this communication as any
disclosure, copying or distribution is prohibited and may be unlawful. If you have received this
communication in error, please notify us and delete this message and any attachments.
From: filemyr@verizon.net
Sent: Sunday, March 24, 2024 7:43 AM
To: Barbara Dietch ; Howard Levine
Subject: Re: 628 East 9 Street HDFC v. Booker, Jr.
FILED: NEW YORK COUNTY CLERK 05/09/2024 12:47 PM INDEX NO. 652327/2024
NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 05/09/2024
Howard Levine:
Extension of the cure period to May 10, 2024 is OK.
Please forward a Stipulation similar to the Stipulation dated February 28 2024 changing only the deadline
by which to cure and the date before which you will forbear from commencing litigation against my client.
The latter date should be May 3, 2024.
Edward Filemyr
On Thursday, March 21, 2024 at 02:45:03 PM EDT, Howard Levine
wrote:
Good afternoon, I’m following up on my email below.
Please advise asap.
Thank you.
Howard S. Levine, Esq. • Partner
118-35 Queens Boulevard, 9th Floor
Forest Hills, New York 11375
Firm: (718) 261-7700 • Fax: (718) 228-9619
Please be advised that the information in this electronic mail message is the sender's business
confidential work product and may be a confidential attorney-client communication. It is intended
solely for the addressee(s). Access to this electronic mail message by anyone else is unauthorized. If
you are not the intended recipient, please do not read, copy or re-transmit this communication as any
disclosure, copying or distribution is prohibited and may be unlawful. If you have received this
communication in error, please notify us and delete this message and any attachments.
FILED: NEW YORK COUNTY CLERK 05/09/2024 12:47 PM INDEX NO. 652327/2024
NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 05/09/2024
From: Howard Levine
Sent: Monday, March 18, 2024 11:57 AM
To: Barbara Dietch ; filemyr@verizon.net
Subject: RE: 628 East 9 Street HDFC v. Booker, Jr.
Good afternoon, our stipulation extending the cure period expires on 4/4 with
the earliest a case can be commenced being next Friday 3/29. I’d like to
discuss extending the cure period through 5/10.
Please discuss this with your client and let me know.
Thank you.
Howard S. Levine, Esq. • Partner
118-35 Queens Boulevard, 9th Floor
Forest Hills, New York 11375
Firm: (718) 261-7700 • Fax: (718) 228-9619
Please be advised that the information in this electronic mail message is the sender's business
confidential work product and may be a confidential attorney-client communication. It is intended
solely for the addressee(s). Access to this electronic mail message by anyone else is unauthorized. If
you are not the intended recipient, please do not read, copy or re-transmit this communication as any
disclosure, copying or distribution is prohibited and may be unlawful. If you have received this
communication in error, please notify us and delete this message and any attachments.
From: Barbara Dietch
Sent: Wednesday, February 28, 2024 4:58 PM
To: Howard Levine
Subject: Re: 628 East 9 Street HDFC v. Booker, Jr.
OK good. When you can, please send me, to this email, a fully executed version of this Stip, with the
added language in the new Para 7 with your signature appearing on that page. All I currently have is the
page with your signature on it, without the new language appearing on same. Many thanks (and doing
FILED: NEW YORK COUNTY CLERK 05/09/2024 12:47 PM INDEX NO. 652327/2024
NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 05/09/2024
this tomorrow is fine).
Barbara Galanter
Legal Assistant to
Edward Joseph Filemyr IV
11 Park Place, 7th Floor, Suite 714
New York, New York 10007
Tel.: (212) 233-4069
Email for Edward Joseph Filemyr IV: filemyr@verizon.net
On Wednesday, February 28, 2024 at 04:51:09 PM EST, Howard Levine
wrote:
Thank you, just waiting on my client’s approval which I should have any minute.
Howard S. Levine, Esq. • Partner
118-35 Queens Boulevard, 9th Floor
Forest Hills, New York 11375
Firm: (718) 261-7700 • Fax: (718) 228-9619
Please be advised that the information in this electronic mail message is the sender's business
confidential work product and may be a confidential attorney-client communication. It is intended
solely for the addressee(s). Access to this electronic mail message by anyone else is unauthorized. If
you are not the intended recipient, please do not read, copy or re-transmit this communication as any
disclosure, copying or distribution is prohibited and may be unlawful. If you have received this
communication in error, please notify us and delete this message and any attachments.
FILED: NEW YORK COUNTY CLERK 05/09/2024 12:47 PM INDEX NO. 652327/2024
NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 05/09/2024
From: Barbara Dietch
Sent: Wednesday, February 28, 2024 4:44 PM
To: Howard Levine
Subject: 628 East 9 Street HDFC v. Booker, Jr.
Hi, Howard,
Please see attached signed Page 2 of Stip. Thank you so much for your kind assistance. Let me know if
you need anything further on this matter.
Barbara Galanter
Legal Assistant to
Edward Joseph Filemyr IV
11 Park Place, 7th Floor, Suite 714
New York, New York 10007
Tel.: (212) 233-4069
Email for Edward Joseph Filemyr IV: filemyr@verizon.net
FILED: NEW YORK COUNTY CLERK 05/09/2024 12:47 PM INDEX NO. 652327/2024
NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 05/09/2024
From: Howard Levine
To: filemyr@verizon.net; Barbara Dietch
Cc: Eli Damatov
Subject: RE: 628 East 9 Street HDFC v. Booker, Jr.
Date: Tuesday, May 07, 2024 10:46:00 AM
Importance: High
Mr. Filemyr, good morning. I emailed you on Friday 5/3 and then called you
twice yesterday to discuss extending the cure period in your client’s notice,
which per stip expires this Friday 5/10. I have not received a response from
you.
Please advise asap. Without resolution I will be left no choice but to notice an
emergency application on Thursday 5/9.
Thank you.
Howard S. Levine, Esq. • Partner
118-35 Queens Boulevard, 9th Floor
Forest Hills, New York 11375
Firm: (718) 261-7700 • Fax: (718) 228-9619
Please be advised that the information in this electronic mail message is the sender's business
confidential work product and may be a confidential attorney-client communication. It is intended solely
for the addressee(s). Access to this electronic mail message by anyone else is unauthorized. If you are
not the intended recipient, please do not read, copy or re-transmit this communication as any disclosure,
copying or distribution is prohibited and may be unlawful. If you have received this communication in
error, please notify us and delete this message and any attachments.
From: Howard Levine
Sent: Friday, May 03, 2024 10:46 AM
To: filemyr@verizon.net; Barbara Dietch ; Howard Levine
Subject: RE: 628 East 9 Street HDFC v. Booker, Jr.
Importance: High
Good morning, the extension on the cure period expires on 5/10. The
holdover is scheduled for a pretrial conference on 5/20 and then a trial on 7/3
(if the case does not settle). I’d like to extend the cure period to 7/31 to allow
for the proceeding to progress. As the Board can see, Mr. Booker is actively
prosecuting the dispossess.
FILED: NEW YORK COUNTY CLERK 05/09/2024 12:47 PM INDEX NO. 652327/2024
NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 05/09/2024
Please advise asap.
Thank you.
Howard S. Levine, Esq. • Partner
118-35 Queens Boulevard, 9th Floor
Forest Hills, New York 11375
Firm: (718) 261-7700 • Fax: (718) 228-9619
Please be advised that the information in this electronic mail message is the sender's business
confidential work product and may be a confidential attorney-client communication. It is intended solely
for the addressee(s). Access to this electronic mail message by anyone else is unauthorized. If you are
not the intended recipient, please do not read, copy or re-transmit this communication as any disclosure,
copying or distribution is prohibited and may be unlawful. If you have received this communication in
error, please notify us and delete this message and any attachments.
From: filemyr@verizon.net
Sent: Monday, March 25, 2024 12:12 PM
To: Barbara Dietch ; Howard Levine
Subject: Re: 628 East 9 Street HDFC v. Booker, Jr.
Howard Levine:
The executed Stipulation dated March 25 2024 is attached.
Please keep me advised of the progress of the holdover proceeding pending against
the subtenants.
Edward Filemyr
212-233-4069
On Monday, March 25, 2024 at 11:37:11 AM EDT, Howard Levine wrote:
Please see attached.
Thank you.
Howard S. Levine, Esq. • Partner
FILED: NEW YORK COUNTY CLERK 05/09/2024 12:47 PM INDEX NO. 652327/2024
NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 05/09/2024
118-35 Queens Boulevard, 9th Floor
Forest Hills, New York 11375
Firm: (718) 261-7700 • Fax: (718) 228-9619
Please be advised that the information in this electronic mail message is the sender's business
confidential work product and may be a confidential attorney-client communication. It is intended
solely for the addressee(s). Access to this electronic mail message by anyone else is unauthorized. If
you are not the intended recipient, please do not read, copy or re-transmit this communication as any
disclosure, copying or distribution is prohibited and may be unlawful. If you have received this
communication in error, please notify us and delete this message and any attachments.
From: filemyr@verizon.net
Sent: Sunday, March 24, 2024 7:43 AM
To: Barbara Dietch ; Howard Levine
Subject: Re: 628 East 9 Street HDFC v. Booker, Jr.
Howard Levine:
Extension of the cure period to May 10, 2024 is OK.
Please forward a Stipulation similar to the Stipulation dated February 28 2024 changing only the deadline
by which to cure and the date before which you will forbear from commencing litigation against my client.
The latter date should be May 3, 2024.
Edward Filemyr
On Thursday, March 21, 2024 at 02:45:03 PM EDT, Howard Levine
wrote:
Good afternoon, I’m following up on my email below.
Please advise asap.
FILED: NEW YORK COUNTY CLERK 05/09/2024 12:47 PM INDEX NO. 652327/2024
NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 05/09/2024
Thank you.
Howard S. Levine, Esq. • Partner
118-35 Queens Boulevard, 9th Floor
Forest Hills, New York 11375
Firm: (718) 261-7700 • Fax: (718) 228-9619
Please be advised that the information in this electronic mail message is the sender's business
confidential work product and may be a confidential attorney-client communication. It is intended
solely for the addressee(s). Access to this electronic mail message by anyone else is unauthorized. If
you are not the intended recipient, please do not read, copy or re-transmit this communication as any
disclosure, copying or distribution is prohibited and may be unlawful. If you have received this
communication in error, please notify us and delete this message and any attachments.
From: Howard Levine
Sent: Monday, March 18, 2024 11:57 AM
To: Barbara Dietch ; filemyr@verizon.net
Subject: RE: 628 East 9 Street HDFC v. Booker, Jr.
Good afternoon, our stipulation extending the cure period expires on 4/4 with
the earliest a case can be commenced being next Friday 3/29. I’d like to
discuss extending the cure period through 5/10.
Please discuss this with your client and let me know.
Thank you.
FILED: NEW YORK COUNTY CLERK 05/09/2024 12:47 PM INDEX NO. 652327/2024
NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 05/09/2024
Howard S. Levine, Esq. • Partner
118-35 Queens Boulevard, 9th Floor
Forest Hills, New York 11375
Firm: (718) 261-7700 • Fax: (718) 228-9619
Please be advised that the information in this electronic mail message is the sender's business
confidential work product and may be a confidential attorney-client communication. It is intended
solely for the addressee(s). Access to this electronic mail message by anyone else is unauthorized. If
you are not the intended recipient, please do not read, copy or re-transmit this communication as any
disclosure, copying or distribution is prohibited and may be unlawful. If you have received this
communication in error, please notify us and delete this message and any attachments.
From: Barbara Dietch
Sent: Wednesday, February 28, 2024 4:58 PM
To: Howard Levine
Subject: Re: 628 East 9 Street HDFC v. Booker, Jr.
OK good. When you can, please send me, to this email, a fully executed version of this Stip, with the
added language in the new Para 7 with your signature appearing on that page. All I currently have is the
page with your signature on it, without the new language appearing on same. Many thanks (and doing
this tomorrow is fine).
Barbara Galanter
Legal Assistant to
Edward Joseph Filemyr IV
11 Park Place, 7th Floor, Suite 714
New York, New York 10007
Tel.: (212) 233-4069
FILED: NEW YORK COUNTY CLERK 05/09/2024 12:47 PM INDEX NO. 652327/2024
NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 05/09/2024
Email for Edward Joseph Filemyr IV: filemyr@verizon.net
On Wednesday, February 28, 2024 at 04:51:09 PM EST, Howard Levine
wrote:
Thank you, just waiting on my client’s approval which I should have any minute.
Howard S. Levine, Esq. • Partner
118-35 Queens Boulevard, 9th Floor
Forest Hills, New York 11375
Firm: (718) 261-7700 • Fax: (718) 228-9619
Please be advised that the information in this electronic mail message is the sender's business
confidential work product and may be a confidential attorney-client communication. It is intended
solely for the addressee(s). Access to this electronic mail message by anyone else is unauthorized. If
you are not the intended recipient, please do not read, copy or re-transmit this communication as any
disclosure, copying or distribution is prohibited and may be unlawful. If you have received this
communication in error, please notify us and delete this message and any attachments.
From: Barbara Dietch
Sent: Wednesday, February 28, 2024 4:44 PM
To: Howard Levine
Subject: 628 East 9 Street HDFC v. Booker, Jr.
Hi, Howard,
Please see attached signed Page 2 of Stip. Thank you so much for your kind assistance. Let me know if
you need anything further on this matter.
FILED: NEW YORK COUNTY CLERK 05/09/2024 12:47 PM INDEX NO. 652327/2024
NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 05/09/2024
Barbara Galanter
Legal Assistant to
Edward Joseph Filemyr IV
11 Park Place, 7th Floor, Suite 714
New York, New York 10007
Tel.: (212) 233-4069
Email for Edward Joseph Filemyr IV: filemyr@verizon.net
Preview
FILED: NEW YORKNOTICE COUNTY CLERKINDEX NO. 652327/2024 05/09/2024 12:4 TO CURE NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 05/09/2024 TO: Garvall Harrison Booker, Jr. 628 East 9* Street, Apartment #3B New York, New York 10009 PLEASE TAKE NOTICE, that you are violating a substantial obligation of your tenancy and your Proprietary Lease, Paragraph No. 15(a), and Paragraph I4(a), and applicable laws by, without consent of your Landlord, 628 East 9 Street HDFC, subletting Apartment #3B to unauthorized individuals, for an unauthorized period of time. The facts upon which this Notice are based are: You gave Notice to 628 East 9 Street HDFC that you would be subletting the subject Apartment to John B. Arnold and Stacey Esklin, a/k/a Stacey Keith, for a three (3)-month period commencing June 15, 2023. A sublet of the subject Apartment for a three-month period is permissible. However, to extend said sublease for a period of time after September 14, 202-3, you were required to submit an application for consent to extend said sublet. You did not submit the requisite application. The sublet to John B. Arnold and Stacey Eskiin continued after the permissible three (3)-month period which ended on September 14, 2023. Said subtenants remain in occupancy of the subject Apartment, without the permission nor consent of 628 East 9 Street HDFC. The continued occupancy of the subject Apartment by John B. Arnold and Stacey Esklin is a violation of the Subletting provision of the Proprietary Lease, at Paragraph 15(a). In addition, occupancy by John B. Arnold and Stacey Esklin for the period of time after September 15, 2023 is a violation of the Use clause of the Proprietary Lease, at Paragraph 14(a), which proscribes occupancy of the subject Apartment by unauthorized individuals for a period of time longer than three (3) months, You are not occupying and have not occupied the subject Apartment since before June 15, 2023. PLEASE TAKE FURTHER NOTICE, that if you fail to cure said violations on or before the 5th day of ar ch , 2024, a day which is more than thirty days after the date on which this Notice is served upon you, the Landlord, 628 East 9 Street HDFC, will terminate your tenancy in accordance with applicable provisions of the Proprietary Lease, including Paragraphs 31, 31(c), and the law. PLEASE TAKE FURTHER NOTICE, that pursuant to Paragraph 28 of the Proprietary Lease, you are responsible for legal fees incurred by the Landlord, 628 East 9 Street HDFC, for the preparation and service of this Notice to Cure, as well as any and all work done prior and subsequent thereto, based upon your default under the Proprietary Lease. PLEASE TAKE FURTHER NOTICE, that any response to this Notice should be sent and directed to the attorney for the Landlord, whose address is listed below. Dated: New York, New York 628 EA T 9 STREET HDFC J a n n a r y 2 8 , 2024 RRICK ALFORD, President EDWARD JOSEPH FILEMYR IV Attorney for Landlord 628 East 9 Street HDFC 11 Park Place, 7* Floor, Suite 714 New York, New York 10007 TeL: (212) 2334069 Email: filemW@ verigon.net CALaw Office£awOfficeDocumem£mGT.L& 628East9Sucet REBooketJr#3B RENtemCore 1232024;wpd FILED: NEW YORK COUNTY CLERK 05/09/2024 12:47 PM INDEX NO. 652327/2024 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 05/09/2024 STIPULATION This stipulation is entered into by and between the attorneys for Garvall Harrison Booker, Jr. and 628 East 9 Street HDFC as follows: WHEREAS Garvall Harrison Booker, Jr. is a shareholder of 628 East 9 Street HDFC, and lessee pursuant to a proprietary lease appurtenant to apartment 3B at 628 East 9th Street, New York, NY 10009; WHEREAS 628 East 9 Street HDFC is lessor; WHEREAS on or about January 29, 2024, Garvall Harrison Booker, Jr. commenced a landlord and tenant holdover summary proceeding in the Civil Court of the City of New York, County of New York titled Garvall Harrison Booker, Jr. v John B. Arnold and Stacey Eskelin a/k/a Stacey Keith, Index No. LT-301832- 24/NY (“Summary Proceeding”); WHEREAS the Summary Proceeding was first returnable in court on February 21, 2024 and it was then adjourned to April 1, 2024; WHEREAS 628 East 9 Street HDFC caused a Notice to Cure, dated January 28, 2024 to be served upon Mr. Booker alleging that Mr. Booker was in default of the proprietary lease insofar as he allegedly permitted sublet tenants John B. Arnold and Stacey Eskelin a/k/a Stacey Keith (“Occupants”) to remain in possession of apartment 3B at 628 East 9th Street, New York, NY 10009 beyond the time permitted to do so; WHEREAS the Notice to Cure advised that the alleged default had to be cured by removal of the Occupants on or before March 5, 2024; NOW THEREFORE, 1. The date by which 628 East 9 Street HDFC’s Notice to Cure, dated January 28, 2024, shall expire shall be extended for 30 (THIRTY) days from March 5, 2024 to April 4, 2024; 2. The date by which Garvall Harrison Booker, Jr. must cure any alleged default as alleged in 628 East 9 Street HDFC’s Notice to Cure, dated January 28, 2024, shall be extended for 30 (THIRTY) days from March 5, 2024 to April 4, 2024; FILED: NEW YORK COUNTY CLERK 05/09/2024 12:47 PM INDEX NO. 652327/2024 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 05/09/2024 3. 628 East 9 Street HDFC shall take no action before April 4, 2024 in equity or law or otherwise to terminate the proprietary lease of which Garvall Harrison Booker, Jr. is lessee and 628 East 9 Street HDFC is lessor in 95 connection with apartment 3B at 628 East Street, New York, NY 10009 for the reasons set forth in the Notice to Cure dated January 28, 2024; 4. Garvall Harrison Booker, Jr. and 628 East 9 Street HDFC each reserve all rights and defenses; 5. This stipulation may be executed in counterparts and electronic signatures shall be deemed originals; and 6. The undersigned have the express consent of their clients to enter into this clients' stipulation with the knowledge that they are bound by its terms. 7. Garvall Harrison Booker, Jr. and 628 East 9 Street HDFC each agree not to commence an action or proceeding against the other before March 29, 2024 in connection with 628 East 9 Street HDFC's Notice to Cure, dated January 28, 2024. Dated: February 28, 2024 Queens, NY Edward Jos Fi emyr IV, . Howard S. Levine, Esq. Attorney for 628 9 Street HDFC Hertz, Cherson & Rosenthal, PC 75 11 Park Place, Floor, Suite 714 Attorneys for Garvall Harrison Booker, Jr. 96 New York, NY 10007 118-35 Queens Blvd., Floor (212) 233-4069 Forest Hills, NY 11375 filemyr@verizon.net (718) 269-7731 howard.Levine@rhcrlaw-com FILED: NEW YORK COUNTY CLERK 05/09/2024 12:47 PM INDEX NO. 652327/2024 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 05/09/2024 STIPULATION This stipulation is entered into by and between the attorneys for Garvall Harrison Booker, Jr. and 628 East 9 Street HDFC as follows: WHEREAS Garvall Harrison Booker, Jr. is a shareholder of 628 East 9 Street HDFC, and lessee pursuant to a proprietary lease appurtenant to apartment 3B at 628 96 East Street, New York, NY 10009; WHEREAS 628 East 9 Street HDFC is lessor; WHEREAS on or about January 29, 2024, Garvall Harrison Booker, Jr. commenced a landlord and tenant holdover summary proceeding in the Civil Court of the City of New York, County of New York titled Garvall Harrison Booker, Jr. v John B. Arnold and Eskelin a/k/a Index No. LT-301832- Stacey Stacey Keith, 24/NY ("Summary Proceeding"); WHEREAS the Summary Proceeding was first returnable in court on February 21, 2024 and it was then adjourned to April 1, 2024; WHEREAS 628 East 9 Street HDFC caused a Notice to Cure, dated January 28, 2024 to be served upon Mr. Booker alleging that Mr. Booker was in default of the proprietary lease insofar as he allegedly permitted sublet tenants John B. Arnold and Stacey Eskelin a/k/a Stacey Keith ("Occupants") to remain in possession of 96 apartment 3B at 628 East Street, New York, NY 10009 beyond the time permitted to do so; WHEREAS the Notice to Cure advised that the alleged default had to be cured by removal of the Occupants on or before March 5, 2024; WHEREAS, The date by which 628 East 9 Street HDFC's Notice to Cure, dated January 28, 2024, shall expire was extended by stipulation for 30 (THIRTY) days from March 5, 2024 to April 4, 2024; NOW THEREFORE, 1. The date by which 628 East 9 Street HDFC's Notice to Cure, dated January 28, 2024, shall expire shall be extended from April 4, 2024 to May 10, 2024; FILED: NEW YORK COUNTY CLERK 05/09/2024 12:47 PM INDEX NO. 652327/2024 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 05/09/2024 2. The date by which Garvall Harrison Booker, Jr. must cure any alleged default as alleged in 628 East 9 Street HDFC's Notice to Cure, dated January 28, 2024, shall be extended from April 4, 2024 to May 10, 2024; 3. 628 East 9 Street HDFC shall take no action before May 10, 2024 in equity or law or otherwise to terminate the proprietary lease of which Garvall Harrison Booker, Jr. is lessee and 628 East 9 Street HDFC is lessor in 96 connection with apartment 3B at 628 East Street, New York, NY 10009 for the reasons set forth in the Notice to Cure dated January 28, 2024; 4. Garvall Harrison Booker, Jr. and 628 East 9 Street HDFC each reserve all rights and defenses; 5. This stipulation may be executed in counterparts and electronic signatures shall be deemed originals; 6. The undersigned have the express consent of their clients to enter into this clients' stipulation with the knowledge that they are bound by its terms; and 7. Garvall Harrison Booker, Jr. and 628 East 9 Street HDFC each agree not to commence an action or proceeding against the other before May 3, 2024 in connection with 628 East 9 Street HDFC's Notice to Cure, dated January 28, 2024. Dated: March 25, 2024 Queens, NY Edward oseph Filemyr IV, Esq. Howard S. Levine, Esq. Attorney for 628 9 Street HDFC Hertz, Cherson & Rosenthal, PC 76 11 Park Place, Floor, Suite 714 Attorneys for Garvall Harrison Booker, Jr. 95 New York, NY 10007 118-35 Queens Blvd., Floor (212) 233-4069 Forest Hills, NY 11375 filemyr@verizon.net (718) 269-7731 howard.levine@rhcrlaw.com FILED: NEW YORK COUNTY CLERK 05/09/2024 12:47 PM INDEX NO. 652327/2024 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 05/09/2024 From: filemyr@verizon.net To: Barbara Dietch; Howard Levine Subject: Re: 628 East 9 Street HDFC v. Booker, Jr. Date: Monday, March 25, 2024 12:13:23 PM Attachments: 628stp.pdf Howard Levine: The executed Stipulation dated March 25 2024 is attached. Please keep me advised of the progress of the holdover proceeding pending against the subtenants. Edward Filemyr 212-233-4069 On Monday, March 25, 2024 at 11:37:11 AM EDT, Howard Levine wrote: Please see attached. Thank you. Howard S. Levine, Esq. • Partner 118-35 Queens Boulevard, 9th Floor Forest Hills, New York 11375 Firm: (718) 261-7700 • Fax: (718) 228-9619 Please be advised that the information in this electronic mail message is the sender's business confidential work product and may be a confidential attorney-client communication. It is intended solely for the addressee(s). Access to this electronic mail message by anyone else is unauthorized. If you are not the intended recipient, please do not read, copy or re-transmit this communication as any disclosure, copying or distribution is prohibited and may be unlawful. If you have received this communication in error, please notify us and delete this message and any attachments. From: filemyr@verizon.net Sent: Sunday, March 24, 2024 7:43 AM To: Barbara Dietch ; Howard Levine Subject: Re: 628 East 9 Street HDFC v. Booker, Jr. FILED: NEW YORK COUNTY CLERK 05/09/2024 12:47 PM INDEX NO. 652327/2024 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 05/09/2024 Howard Levine: Extension of the cure period to May 10, 2024 is OK. Please forward a Stipulation similar to the Stipulation dated February 28 2024 changing only the deadline by which to cure and the date before which you will forbear from commencing litigation against my client. The latter date should be May 3, 2024. Edward Filemyr On Thursday, March 21, 2024 at 02:45:03 PM EDT, Howard Levine wrote: Good afternoon, I’m following up on my email below. Please advise asap. Thank you. Howard S. Levine, Esq. • Partner 118-35 Queens Boulevard, 9th Floor Forest Hills, New York 11375 Firm: (718) 261-7700 • Fax: (718) 228-9619 Please be advised that the information in this electronic mail message is the sender's business confidential work product and may be a confidential attorney-client communication. It is intended solely for the addressee(s). Access to this electronic mail message by anyone else is unauthorized. If you are not the intended recipient, please do not read, copy or re-transmit this communication as any disclosure, copying or distribution is prohibited and may be unlawful. If you have received this communication in error, please notify us and delete this message and any attachments. FILED: NEW YORK COUNTY CLERK 05/09/2024 12:47 PM INDEX NO. 652327/2024 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 05/09/2024 From: Howard Levine Sent: Monday, March 18, 2024 11:57 AM To: Barbara Dietch ; filemyr@verizon.net Subject: RE: 628 East 9 Street HDFC v. Booker, Jr. Good afternoon, our stipulation extending the cure period expires on 4/4 with the earliest a case can be commenced being next Friday 3/29. I’d like to discuss extending the cure period through 5/10. Please discuss this with your client and let me know. Thank you. Howard S. Levine, Esq. • Partner 118-35 Queens Boulevard, 9th Floor Forest Hills, New York 11375 Firm: (718) 261-7700 • Fax: (718) 228-9619 Please be advised that the information in this electronic mail message is the sender's business confidential work product and may be a confidential attorney-client communication. It is intended solely for the addressee(s). Access to this electronic mail message by anyone else is unauthorized. If you are not the intended recipient, please do not read, copy or re-transmit this communication as any disclosure, copying or distribution is prohibited and may be unlawful. If you have received this communication in error, please notify us and delete this message and any attachments. From: Barbara Dietch Sent: Wednesday, February 28, 2024 4:58 PM To: Howard Levine Subject: Re: 628 East 9 Street HDFC v. Booker, Jr. OK good. When you can, please send me, to this email, a fully executed version of this Stip, with the added language in the new Para 7 with your signature appearing on that page. All I currently have is the page with your signature on it, without the new language appearing on same. Many thanks (and doing FILED: NEW YORK COUNTY CLERK 05/09/2024 12:47 PM INDEX NO. 652327/2024 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 05/09/2024 this tomorrow is fine). Barbara Galanter Legal Assistant to Edward Joseph Filemyr IV 11 Park Place, 7th Floor, Suite 714 New York, New York 10007 Tel.: (212) 233-4069 Email for Edward Joseph Filemyr IV: filemyr@verizon.net On Wednesday, February 28, 2024 at 04:51:09 PM EST, Howard Levine wrote: Thank you, just waiting on my client’s approval which I should have any minute. Howard S. Levine, Esq. • Partner 118-35 Queens Boulevard, 9th Floor Forest Hills, New York 11375 Firm: (718) 261-7700 • Fax: (718) 228-9619 Please be advised that the information in this electronic mail message is the sender's business confidential work product and may be a confidential attorney-client communication. It is intended solely for the addressee(s). Access to this electronic mail message by anyone else is unauthorized. If you are not the intended recipient, please do not read, copy or re-transmit this communication as any disclosure, copying or distribution is prohibited and may be unlawful. If you have received this communication in error, please notify us and delete this message and any attachments. FILED: NEW YORK COUNTY CLERK 05/09/2024 12:47 PM INDEX NO. 652327/2024 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 05/09/2024 From: Barbara Dietch Sent: Wednesday, February 28, 2024 4:44 PM To: Howard Levine Subject: 628 East 9 Street HDFC v. Booker, Jr. Hi, Howard, Please see attached signed Page 2 of Stip. Thank you so much for your kind assistance. Let me know if you need anything further on this matter. Barbara Galanter Legal Assistant to Edward Joseph Filemyr IV 11 Park Place, 7th Floor, Suite 714 New York, New York 10007 Tel.: (212) 233-4069 Email for Edward Joseph Filemyr IV: filemyr@verizon.net FILED: NEW YORK COUNTY CLERK 05/09/2024 12:47 PM INDEX NO. 652327/2024 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 05/09/2024 From: Howard Levine To: filemyr@verizon.net; Barbara Dietch Cc: Eli Damatov Subject: RE: 628 East 9 Street HDFC v. Booker, Jr. Date: Tuesday, May 07, 2024 10:46:00 AM Importance: High Mr. Filemyr, good morning. I emailed you on Friday 5/3 and then called you twice yesterday to discuss extending the cure period in your client’s notice, which per stip expires this Friday 5/10. I have not received a response from you. Please advise asap. Without resolution I will be left no choice but to notice an emergency application on Thursday 5/9. Thank you. Howard S. Levine, Esq. • Partner 118-35 Queens Boulevard, 9th Floor Forest Hills, New York 11375 Firm: (718) 261-7700 • Fax: (718) 228-9619 Please be advised that the information in this electronic mail message is the sender's business confidential work product and may be a confidential attorney-client communication. It is intended solely for the addressee(s). Access to this electronic mail message by anyone else is unauthorized. If you are not the intended recipient, please do not read, copy or re-transmit this communication as any disclosure, copying or distribution is prohibited and may be unlawful. If you have received this communication in error, please notify us and delete this message and any attachments. From: Howard Levine Sent: Friday, May 03, 2024 10:46 AM To: filemyr@verizon.net; Barbara Dietch ; Howard Levine Subject: RE: 628 East 9 Street HDFC v. Booker, Jr. Importance: High Good morning, the extension on the cure period expires on 5/10. The holdover is scheduled for a pretrial conference on 5/20 and then a trial on 7/3 (if the case does not settle). I’d like to extend the cure period to 7/31 to allow for the proceeding to progress. As the Board can see, Mr. Booker is actively prosecuting the dispossess. FILED: NEW YORK COUNTY CLERK 05/09/2024 12:47 PM INDEX NO. 652327/2024 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 05/09/2024 Please advise asap. Thank you. Howard S. Levine, Esq. • Partner 118-35 Queens Boulevard, 9th Floor Forest Hills, New York 11375 Firm: (718) 261-7700 • Fax: (718) 228-9619 Please be advised that the information in this electronic mail message is the sender's business confidential work product and may be a confidential attorney-client communication. It is intended solely for the addressee(s). Access to this electronic mail message by anyone else is unauthorized. If you are not the intended recipient, please do not read, copy or re-transmit this communication as any disclosure, copying or distribution is prohibited and may be unlawful. If you have received this communication in error, please notify us and delete this message and any attachments. From: filemyr@verizon.net Sent: Monday, March 25, 2024 12:12 PM To: Barbara Dietch ; Howard Levine Subject: Re: 628 East 9 Street HDFC v. Booker, Jr. Howard Levine: The executed Stipulation dated March 25 2024 is attached. Please keep me advised of the progress of the holdover proceeding pending against the subtenants. Edward Filemyr 212-233-4069 On Monday, March 25, 2024 at 11:37:11 AM EDT, Howard Levine wrote: Please see attached. Thank you. Howard S. Levine, Esq. • Partner FILED: NEW YORK COUNTY CLERK 05/09/2024 12:47 PM INDEX NO. 652327/2024 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 05/09/2024 118-35 Queens Boulevard, 9th Floor Forest Hills, New York 11375 Firm: (718) 261-7700 • Fax: (718) 228-9619 Please be advised that the information in this electronic mail message is the sender's business confidential work product and may be a confidential attorney-client communication. It is intended solely for the addressee(s). Access to this electronic mail message by anyone else is unauthorized. If you are not the intended recipient, please do not read, copy or re-transmit this communication as any disclosure, copying or distribution is prohibited and may be unlawful. If you have received this communication in error, please notify us and delete this message and any attachments. From: filemyr@verizon.net Sent: Sunday, March 24, 2024 7:43 AM To: Barbara Dietch ; Howard Levine Subject: Re: 628 East 9 Street HDFC v. Booker, Jr. Howard Levine: Extension of the cure period to May 10, 2024 is OK. Please forward a Stipulation similar to the Stipulation dated February 28 2024 changing only the deadline by which to cure and the date before which you will forbear from commencing litigation against my client. The latter date should be May 3, 2024. Edward Filemyr On Thursday, March 21, 2024 at 02:45:03 PM EDT, Howard Levine wrote: Good afternoon, I’m following up on my email below. Please advise asap. FILED: NEW YORK COUNTY CLERK 05/09/2024 12:47 PM INDEX NO. 652327/2024 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 05/09/2024 Thank you. Howard S. Levine, Esq. • Partner 118-35 Queens Boulevard, 9th Floor Forest Hills, New York 11375 Firm: (718) 261-7700 • Fax: (718) 228-9619 Please be advised that the information in this electronic mail message is the sender's business confidential work product and may be a confidential attorney-client communication. It is intended solely for the addressee(s). Access to this electronic mail message by anyone else is unauthorized. If you are not the intended recipient, please do not read, copy or re-transmit this communication as any disclosure, copying or distribution is prohibited and may be unlawful. If you have received this communication in error, please notify us and delete this message and any attachments. From: Howard Levine Sent: Monday, March 18, 2024 11:57 AM To: Barbara Dietch ; filemyr@verizon.net Subject: RE: 628 East 9 Street HDFC v. Booker, Jr. Good afternoon, our stipulation extending the cure period expires on 4/4 with the earliest a case can be commenced being next Friday 3/29. I’d like to discuss extending the cure period through 5/10. Please discuss this with your client and let me know. Thank you. FILED: NEW YORK COUNTY CLERK 05/09/2024 12:47 PM INDEX NO. 652327/2024 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 05/09/2024 Howard S. Levine, Esq. • Partner 118-35 Queens Boulevard, 9th Floor Forest Hills, New York 11375 Firm: (718) 261-7700 • Fax: (718) 228-9619 Please be advised that the information in this electronic mail message is the sender's business confidential work product and may be a confidential attorney-client communication. It is intended solely for the addressee(s). Access to this electronic mail message by anyone else is unauthorized. If you are not the intended recipient, please do not read, copy or re-transmit this communication as any disclosure, copying or distribution is prohibited and may be unlawful. If you have received this communication in error, please notify us and delete this message and any attachments. From: Barbara Dietch Sent: Wednesday, February 28, 2024 4:58 PM To: Howard Levine Subject: Re: 628 East 9 Street HDFC v. Booker, Jr. OK good. When you can, please send me, to this email, a fully executed version of this Stip, with the added language in the new Para 7 with your signature appearing on that page. All I currently have is the page with your signature on it, without the new language appearing on same. Many thanks (and doing this tomorrow is fine). Barbara Galanter Legal Assistant to Edward Joseph Filemyr IV 11 Park Place, 7th Floor, Suite 714 New York, New York 10007 Tel.: (212) 233-4069 FILED: NEW YORK COUNTY CLERK 05/09/2024 12:47 PM INDEX NO. 652327/2024 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 05/09/2024 Email for Edward Joseph Filemyr IV: filemyr@verizon.net On Wednesday, February 28, 2024 at 04:51:09 PM EST, Howard Levine wrote: Thank you, just waiting on my client’s approval which I should have any minute. Howard S. Levine, Esq. • Partner 118-35 Queens Boulevard, 9th Floor Forest Hills, New York 11375 Firm: (718) 261-7700 • Fax: (718) 228-9619 Please be advised that the information in this electronic mail message is the sender's business confidential work product and may be a confidential attorney-client communication. It is intended solely for the addressee(s). Access to this electronic mail message by anyone else is unauthorized. If you are not the intended recipient, please do not read, copy or re-transmit this communication as any disclosure, copying or distribution is prohibited and may be unlawful. If you have received this communication in error, please notify us and delete this message and any attachments. From: Barbara Dietch Sent: Wednesday, February 28, 2024 4:44 PM To: Howard Levine Subject: 628 East 9 Street HDFC v. Booker, Jr. Hi, Howard, Please see attached signed Page 2 of Stip. Thank you so much for your kind assistance. Let me know if you need anything further on this matter. FILED: NEW YORK COUNTY CLERK 05/09/2024 12:47 PM INDEX NO. 652327/2024 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 05/09/2024 Barbara Galanter Legal Assistant to Edward Joseph Filemyr IV 11 Park Place, 7th Floor, Suite 714 New York, New York 10007 Tel.: (212) 233-4069 Email for Edward Joseph Filemyr IV: filemyr@verizon.net