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FILED: NEW YORK COUNTY CLERK 06/26/2017 12:23 PM
`FILED: NEW YORK COUNTY CLERK 06m2017 12:23 PM
`
`NYSC.1.F DOC. NO. 63
`NYSCEF DOC. NO. 63
`
`SUPREME COURT OF THE STATE OF
`NEW YORK COUNTY
`
`INDEX NO. 159752/2015
`INDEX NO. 159752/2015
`
`
`
`
`
`NYSCZEF: 06/26/2017
`RECEIVED NYSCEF: 06/26/2017
`NEWVYORK
`
`PRESENT:
`
`'I‘USTICEO
`
`PARTE
`L5 97 592' /5
`
`INDEX NO.
`
`MOTION DATE
`
`MOTION SEQ. NO.
`
`
`
`The foliowing papers, numbered 1 to _ , were read on this motion tolfor
`Notice of Motion/Order to Show Cause — Affidavits — Exhibits
`
`
`Answering Affidavits — Exhibits
`
`
`Replying Affidavits
`
`[No(s).
`
`I No(s).
`
`I No(s).
`
`My
`
`Upon the foregoing papers, it is ordered that this motion is
`
`[MA
`arias/v0)
`fl7/WWI)
`
`
`
`MOTION/CASEISRESPECTFULLYREFERREDTOJUSTICE
`
`
`
`
`
`..FORTHEFOLLOWINGREASON(S):
`
`Dated:
`
`)vn--. 1; j 9-)7
`
`£13.!.ch'rtur'zx 1:11)
`J'US'I..,'¢ .4 -
`T
`{M
`
`
`
`J.S.C.
`
`1. CHECK ONE: .....................................................................
`
`[:1 CASE DISPOSED
`
`E] NON-FINAL DISPOSITION
`
`2. cnecx AS APPROPRIATE: ...........................MOTION IS:
`
`[:1 GRANTED
`
`1:] DENIED
`
`Ci GRANTED IN PART
`
`E] OTHER
`
`3. CHECK IF APPROPRIATE: ................................................ [j SETTLE ORDER
`
`D SUBMIT ORDER
`
`E] DO NOT POST
`
`E] FIDUCIARY APPOINTMENT D REFERENCE
`
`lof4
`1 of 4
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`

`

`FILED: NEW YORK COUNTY CLERK 06/26/2017 12:23 PM
`FILED: NEW YORK COUNTY CLERK 06m2017 12:23 PM
`
`NYSCEF DOC. NO. 63
`NYSCEF DOC. NO. 63“
`;
`
`159752/2015
`INDEX NO. 159752/2015
`
`INDEX NO~
`
`
`
`
`
`RECEIVED NYSCEF: 06/26/2017
`06/26/20T7
`R«.C«.IV«.D \IYSCEF:
`f -
`S
`1,
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF NEW YORK
`"""""""""""""7"T‘"-‘““"""““"‘”"""""""‘""'“X
`KAR-MING MlU a/k/a JIAMING MIAO,
`'
`-
`-
`
`Plaintiff,
`
`Index No.: 159752/2015
`
`-against-
`
`,
`
`STIPULATION RESOLVING
`MOTION SEQUENCE 003
`
`ROLL 60 STREET INC, TOTAL STRUCTURE
`MANAGEMENT INC, REALLY MANAGEMENT INC,
`HIGH QUALITY CONSTRUCTION UVW, LDC, SUPER
`M CONSTRUCTION CORR, and KINGS STAR
`CONSTRUCTION CO., Inc.
`
`Defendants.
`_
`-..----.._-_-..-----__--'._......-._..'.............................X
`
`11‘ IS l-IEREBYSTIPULATED AND AGREED, by and between the undersigned, .
`
`counsel for the Plaintiff, KAR-MING MlU a/k/a IIAMING MIAO and Defendants ROLL 60
`
`STREET INC. and REALLY MANAGEMENT lNC., only, that the motion commenced via
`
`ORDER TO SHOW CAUSE executed on April 14, 2017 by the Ex Partc 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 ofEntry on April 15, 2016 shall be and hereby is vacated as to
`defendants ROLL 60-STREET, INC. and REALLY MANAGEMENT INC., only;
`2.
`The Inquest Verdict of seven hundred titty 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 SCH ENKER & BLEE the
`
`2 of 4
`2 of 4
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`
`
`
`
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`
`

`

`FILED: NEW YORK COUNTY CLERK 06m2017 12:23 PM
`FILED: NEW YORK COUNTY CLERK 06/26/2017 12:23 PM
`
`\
`NYSCEF DOC. NO. 63
`NYSCEF DOC. NO. 63 3)
`.
`_
`
`INDEX NO~ 15975272015
`INDEX NO. 159752/2015
`
`
`
`
`
`
`RECEIVED NYSCEF: 06/26/2017
`R«.C«.IV«.D \IYSCEF: 06/26/2017
`
`
`
`
`
`”72...,“.....,.._«.._.c._,,-»~a-.2W...~.........
`
`sum of three hundred fifty thousand dollars ($350,000.00) pending the resolution of the
`
`Plaintiff’s claims against themeither by verdict or settlement or otherwise and the Temporary
`
`Restraining Order enjoining the sale, transfer, assignment or other encumbrance of Defendant
`
`ROLL 60 STREET. INC.’s subject building at 1 118 60'" Street, Brooklyn, New York shall be and
`
`hereby is vacated and nullified entirely;
`
`4.
`
`Plaintiff has waived costs on the motion;
`
`5.
`The Proposed Answers served and filed by Defendants ROLL 60 STREET INC.
`and REALLY MANAGEMENT INC. as Exhibits “1” 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 verdictwhich 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
`2021,1011 FM?
`3'7
`2017. ft 7.13 //‘7
`
`RUBIN LAW, PLLC
`
` Ernest A. Spivak
`
`James C. Napoli
`
`CAESAR & NAPOLI, P.C.
`Attorney for Plaintiff
`
`
`225 Broadway, Ste. 307
`New York, New York .10007
`(917) 584-2399
`Denise@rubinlawglle.com
`
`‘
`
`_
`
`Signatures Continued on next page
`
`233 Broadway, Ste.2348
`New York, New York 10279
`(212) 226-2100
`espivak@caesarnagolLoom
`
`3of4
`3 of 4
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`
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`2..2A..w..-.._....._...-.v.,...vu......mq...
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`
`
`
`
`t..,-,aw.-.
`
`
`
`

`

`FILED: NEW YORK COUNTY CLERK 06/26/2017 12:23 PM
`FILED: NEW YORK COUNTY CLERK 06m2017 12:23 PM
`
`i
`NYSCEF DOC. NO. 63
`NYSCEF DOC. NO.
`635‘.
`
`INDEX NO. 159752/2015
`INDEX NO. 159752/2015
`
`
`
` 4.1V
`
`
`*.D \IYSCI3F: 06/26/2017
`RECEIVED NYSCEF: 06/26/2017
`RflC
`
`1
`
`most com Seaman & Bun
`
`
`
`._-_—-....__........~..—_*m——.n..._...........
`
`New York, NY 10006
`(212) 363-6900
`W
`
`So Ordered: ’
`
`Date:
`
`Hon. Kathryn Freed, J.S.C.
`
`'
`
`4of4
`4 of 4
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`--.,~.——.~..--_
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`

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