throbber
SUPREME COURT OF THE STA TE OF NEW YORK
`COUNTY OF NEW YORK
`-----------------------------------------------------------------~---)(
`KAR-MING MIU a/k/a JIAMING MIAO,
`
`Plaintiff,
`
`Index No.: 159752/2015
`
`STIPULATION RESOLVING
`MOTION SEQUENCE 003
`
`-against-
`
`ROLL 60 STREET INC., TOTAL STRUCTURE
`MANAGEMENT INC., REALLY MANAGEMENT INC.,
`HIGH QUALITY CONSTRUCTION UVW, LLC, SUPER
`M CONSTRUCTION CORP., and KINGS STAR
`CONSTRUCTION CO., Inc.
`
`Defendants.
`----~----------------------------------------------------~----------)(
`
`IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned,
`
`counsel for the Plaintiff, KAR-MING MIU a/k/a JIAMING MIAO and Defendants ROLL 60
`
`STREET INC. and REALLY MANAGEMENT INC., only, that the motion commenced via
`
`ORDER TO SHOW CAUSE executed on April 14, 2017 by the Ex Parte Justice, the Hon.
`
`Arthur Engoron and argued before the Hon. Kathryn Freed on April 25, 2017, identified on the
`
`Court' s NYSCEF Docket as Motion Sequence "003" shall be and hereby is resolved as follows:
`
`1.
`
`The default Order entered by this Court on February 25, 2016 and served by
`
`Plaintiff's counsel with Notice of Entry on April 15, 2016 shall be and hereby is vacated as to
`
`defendants ROL~ 60 STREET, INC. and REALLY MANAGEMENT INC., only;
`
`2.
`
`The Inquest Verdict of seven hundred fifty thousand dollars ($750,000.00)
`
`entered in Plaintiff's favor upon that Order of Default on October 6, 2016 and So Ordered by this
`
`Court on January 25, 2017, shall be and hereby is vacated as to defendants ROLL 60 STREET,
`
`INC. and REALLY MANAGEMENT INC. only;
`
`3.
`
`Defendants ROLL 60 STREET INC. and REALLY MANAGEMENT INC. shall
`
`deposit into the escrow account of their attorneys FAUST GOETZ SCHENKER & BLEE the
`
`

`

`sum of three hundred fifty thousand dollars ($350,000.00) pending the resolution of the
`
`Plaintiffs claims against them either by verdict or settlement or otherwise and the Temporary
`
`Restraining Order enjoining the sale, transfer, assignment or other encumbrance of Defendant
`
`
`
`ROLL 60 STREET fNC. 's subject building at 1118 601h Street, Brooklyn, New York shall be and
`
`hereby is vacated and nullified entirely;
`
`4.
`
`5.
`
`Plaintiff has waived costs on the motion;
`
`The Proposed Answers served and filed by Defendants ROLL 60 STREET INC.
`
`and REALLY MANAGEMENT INC. as Exhibits "I" and "J" respectively, to the Defendants'
`
`Motion To Vacate The Default are deemed timely served and the Plaintiff and said Defendants
`
`shall proceed to litigate the matter on its merits;
`
`6.
`
`Plaintiffs claims against the other named defendants remain resolved by the
`
`default order and inquest verdict which may be executed against those defendants;
`
`7.
`
`The Clerk of the Court shall mark motion sequence 003 resolved pursuant to the
`
`within Stipulation and the Court's "so Ordering" thereof;
`
`8.
`
`The Parties shall appear for a Preliminary Conference pursuant to 22 NYCRR
`
`202.J;l on _______ __ 2017.
`
`CAESAR & NAPOLI, P.C.
`Attome)'.'. for Plaintiff
`
`225 Broadway, Ste. 307
`New York, New York 10007
`(917) 584-2399
`Denise@ru bin lawpllc.com
`
`... Signatures Continued on next page
`
`233 Broadway, Ste.2348
`New York, New York 10279
`(212) 226-2100
`espivak@caesarnapoli.com
`
`2
`
`

`

`FAUST GOETZ SCHENKER & BLEE
`Attorneys for Defendants ROLL 60 STREET
`INC. and A
`MA GEMENT INC.
`
`Two ector Street, 20th Floor
`New York, NY I 0006
`(212) 363-6900
`rschenker@fgsb.com
`
`Date: __ __ __ _ __ _ _ _
`
`So Ordered:
`
`Hon. Kathryn Freed, J.S.C.
`
`3
`
`

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