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INDEX NO. 650493/2014
(FILED: NEW YORK COUNTY CLERK 0771672014)
NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 07/16/2014
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
poeta en pre eon nan eon nes escan aaewe Te te eeee em soaee te x
THE INFIRMARY LLC.
Plaintiff, Index No.: 650493/2014
-against-
STIPULATION OF SETTLEMENT
DOVOM LLC,
Defendant.
WHEREAS, Defendant DOVOM LLC (“Defendant”) sent Plaintiff THE INFIRMARY
LLC (“Plaintiff”) a Notice to Cure, dated January 27, 2014 (the “Notice to Cure”);
WHEREAS, on February 14, 2014, Plaintiff commenced this action and filed a motion
seeking, among other things, a Yellowstone Injunction (the “Yellowstone Motion”):
WHEREAS, by Order, dated February 14, 2014, the Hon. Shirley Kornreich granted
Plaintiff a temporary restraining order which included, among other things, tolling the cure
period provided in the Notice to Cure;
WHEREAS Plaintiff and Defendant wish to resolve this dispute without the need for
further litigation;
IT IS HEREBY STIPULATED AND AGREED by and between the undersigned
attorneys for Plaintiff and Defendant as follows:
1 Defendant hereby withdraws the Notice to Cure, with prejudice, and
acknowledges that the alleged conditions forming the basis of the Notice to Cure have been fully
resolved.
2 Plaintiff hereby withdraws its Yellowstone Motion as moot and discontinues this
action.
3. Plaintiff and Defendant expressly, unconditionally release, acquit and forever
discharge each other and their heirs, executors, administrators, members, partners, principals,
successors and assigns of and from all and any manner of action and actions, cause and causes of
action, suits, debts, dues, sums of money, accounts, agreements, promises, variances, trespasses,
damages, judgments, extends, executions, claims and demands at issue in this action, which they
and their shareholders, directors, executors, administrators, 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 stipulation relating only
to the Notice to Cure and Yellowstone Motion at issue in this action.
4. Each party shall bear its own costs and expenses, including, without limitation,
attorneys’ fees, associated with this action.
5 This stipulation may be executed in counterparts.
6 The parties respectfully request that the Court deem facsimile copies as ribbon
originals.
Dated: New York, New York
July 15, 2014
NEWMAN FERRARA LLP BORAH, GOLDSTEIN. ALTSCHULER,
Attorneys for Plaii NAHINS & GOIDEL, P.C.
Attorneys for Defendant
1
By: G x Bergpzanskiy, Esq. By: arren R. Marks
1250 Broadway, 27" Floor 377 Broadway, 6" Floor
New York, New York 10011 New York, New York 10013
(212) 619-5400 (212) 431-1300
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INDEX NO. 650493/2014 (FILED: NEW YORK COUNTY CLERK 0771672014) NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 07/16/2014 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK poeta en pre eon nan eon nes escan aaewe Te te eeee em soaee te x THE INFIRMARY LLC. Plaintiff, Index No.: 650493/2014 -against- STIPULATION OF SETTLEMENT DOVOM LLC, Defendant. WHEREAS, Defendant DOVOM LLC (“Defendant”) sent Plaintiff THE INFIRMARY LLC (“Plaintiff”) a Notice to Cure, dated January 27, 2014 (the “Notice to Cure”); WHEREAS, on February 14, 2014, Plaintiff commenced this action and filed a motion seeking, among other things, a Yellowstone Injunction (the “Yellowstone Motion”): WHEREAS, by Order, dated February 14, 2014, the Hon. Shirley Kornreich granted Plaintiff a temporary restraining order which included, among other things, tolling the cure period provided in the Notice to Cure; WHEREAS Plaintiff and Defendant wish to resolve this dispute without the need for further litigation; IT IS HEREBY STIPULATED AND AGREED by and between the undersigned attorneys for Plaintiff and Defendant as follows: 1 Defendant hereby withdraws the Notice to Cure, with prejudice, and acknowledges that the alleged conditions forming the basis of the Notice to Cure have been fully resolved. 2 Plaintiff hereby withdraws its Yellowstone Motion as moot and discontinues this action. 3. Plaintiff and Defendant expressly, unconditionally release, acquit and forever discharge each other and their heirs, executors, administrators, members, partners, principals, successors and assigns of and from all and any manner of action and actions, cause and causes of action, suits, debts, dues, sums of money, accounts, agreements, promises, variances, trespasses, damages, judgments, extends, executions, claims and demands at issue in this action, which they and their shareholders, directors, executors, administrators, 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 stipulation relating only to the Notice to Cure and Yellowstone Motion at issue in this action. 4. Each party shall bear its own costs and expenses, including, without limitation, attorneys’ fees, associated with this action. 5 This stipulation may be executed in counterparts. 6 The parties respectfully request that the Court deem facsimile copies as ribbon originals. Dated: New York, New York July 15, 2014 NEWMAN FERRARA LLP BORAH, GOLDSTEIN. ALTSCHULER, Attorneys for Plaii NAHINS & GOIDEL, P.C. Attorneys for Defendant 1 By: G x Bergpzanskiy, Esq. By: arren R. Marks 1250 Broadway, 27" Floor 377 Broadway, 6" Floor New York, New York 10011 New York, New York 10013 (212) 619-5400 (212) 431-1300