Preview
FILED: KINGS COUNTY CLERK 02/21/2018 09:45 AM INDEX NO. 510844/2016
NYSCEF DOC. NO. 260 RECEIVED NYSCEF: 02/21/2018
s
CIVIL COURT OF THE CITY OF NEW YORK
COUNTY OF KINGS: Part 52
SHEEPSHEAD RESTAURANT ASSOCIATES, INC.,
Commercial L&T
Petitioner(Landlord), Index Noa 90922/2014
-against- AMENDED TWO-ATTORNEY
STIPULATION OF
SETTLLI' (NOly-
LUNDY'S MANAGEMENT CORP, SETTLEMENT
2803 19*
1901-1921 Emmons Avenue, East Street,and PAYMENT)
31-56 to 31-76 Ocean Avenue,
Brooklyn, New York 11235
Respondent (Tenant).
IT IS HEREBY STIPULATED AND AGRBBD, by and between the respective parties
hereto,thatthe two-attorney Stipulation ofSettlementofthis proceeding dated September I1,2014 !
(a copy of whloh isannexed hereto as Exhibit A) is amended as follows:
1, Final judgment in the sum of $196,050,00 (representing unpaid additional rent
of$102,000.00 In legal fees and $94,050.00 in in
interest) favor of the Petitioner.
parties'
2, Paragraphs 10 and 11 of the September 11, 2014 stipulation is hereby
deleted in its entirety. The Petitionets warrant of eviction shall remain valid and effective,
Execution of the Petitionets warrant of eviction is stayed in accordance with the terms of this
Amended Stipulation of Settlement.
3, The Respondent shall pay to the as additional
Petitioner, rent,the Petitioners legal
fees in the amount of $102,000,00, representing a portion of the legal fees incurred by the
Petitioner in connection with various legalproceedings and actions, in twelve (12) equal monthly
payments of $8,500.00 each beginning on November 30, 2015and on the 10th day ofeach month
thereafter,
4. The Respondent shall pay to the Petitioner, as additional rent, $94,050.00,
representing interest at 4.5% APR accrued from November 14, 2013 through November 1, 2015,
FILED: KINGS COUNTY CLERK 02/21/2018 09:45 AM INDEX NO. 510844/2016
NYSCEF DOC. NO. 260 RECEIVED NYSCEF: 02/21/2018
on the $1,045,000.00 now held in escrow by Astoria Federat Savings and Loan Association
("Astoria")pursuant to three (3) escrow agreements dated November 14, 2013, The Respondent
shallpay the$94,050.00 due under thisparagraph as follows:
a, In one lump-sum payment of $94,050.00 of additional rent simultaneously with
the execution of thisstipulation;or
. b. . Atthe Respondent's option, in twenty-four (24) equal monthly payments of
$3,918.75of additional rent beginning on November 30, 2015 and on the 10th
day ofeach month thereafter.
S. Upon any default in payment, and afterten (10) day written notice of default to
Lundy's Management Corp. by federal express overnight at 540 Atlantic Avenue
Fifth Floor, Brooklyn, New York 11217 and by email at pannassi(dpol.com aml to
Brett Theis, Esq, by federal express overnight at ROSBNBERO&BSTIS,P.C., 733
Third Avenue, New York, New York 10017 and by email to
btheis@rosenbergestis.com, the Petitionermay serve and execute on the warrant.
Warrant may not be served untilafterservice of a default notice and expiration of
the notice to cure,
I
6. As used in thisstipulation
a. The "Premiaos"
shall be defined as allbuildlogs, rooms, and land located at
1901-1929 Emmons Avenue, and 31-52 to 31-76 Ocean Avenue, Brooklyn,
NewYork 11235, as more fullydescribed in themetes and bounds description
and survey annexed hereto as Exhibit A to the Net Lease dated March 9, 1994,
Promises"
the entireBlock 8775, Lot 41, otherwise described as the "Lease in
I
I
the Net Lease dated March 9, 1994, The foregoing shall be a sufficient
I
description of the Premises for tite
purposes of any notice served under the Net
2
I
FILED: KINGS COUNTY CLERK 02/21/2018 09:45 AM INDEX NO. 510844/2016
NYSCEF DOC. NO. 260 RECEIVED NYSCEF: 02/21/2018
Lease, the First Modification, the Second Modification, and this Agreement,
I
I
shak be a sufficient description of the Premises in connection with any
existing or future summary proceeding concerning the Premises,
Building"
b. The "Main shallbe defined as thatportion of thePremises including
the two-story building, rooms, and land located at 1901-1929 Emmons Avenue,
Brooklyn, New York 11235, and allancillary structures attached thereto.
"Aunex"
o. The shallbe defined as thatportion of thePremises including the
'I
three-story building, rooms, and land located at 31-52 to 3 1-76Ocean
Avenue, Brooklyn, New York 11235, and all ancillarystructures attached
thereto,
7, The partiesrecognize thatthe $124,184.35 referenced in paragraph 2 of the9/11/14
stipulationhas been paid,
This stipulation may' the to so-
8, may be submitted to Clerk of Comt or the pourt to be
L
without further notice to any party,and the parties hereto expressly consent to submit this
stipulationto be so-ordered by thisCourt. The Respondent expressly authorizes the Petitioner to
parties'
filethisstipulation with the Clerk and/or Court, The acknowledge and consent that the
terms of thisstipulationshall be valid and enforceable upon execution, and shall remain valid and
enforceable regardless of whether thisstipulationisso-ordered by the Court,
9. All dates and deadlines set forth
in this
Amended Stipulatlon of Settl ment are Time
of theEssence.
10. Provided allpayments are made as setforth herein, the judgment aridwarrant shall
be vacated.
\
FILED: KINGS COUNTY CLERK 02/21/2018 09:45 AM INDEX NO. 510844/2016
NYSCEF DOC. NO. 260 RECEIVED NYSCEF: 02/21/2018
I
11. In theevent of a breachof any portionof th(sAolended 86pulatfor of Settlentent
the attoi'neys'
non2breac JiÓ815âity shaftbe eniitledto reasonableattoi fees inany notion or proceeding
whatsoever tc enforce theterms hereof.
11 FacshniIe signatures on this shall
stipe jation be deemed as originals,
Dated: November _, 2015
HAGAN, CO 4 ASSOCTATES ROSBNBERG&ESTIS,P.C.
'
Attorney 1 sB on r for Respondent
MJI'
gÚy:y,' WillifufÛ.
. oury
908 4th Averas By; Brett Theis
Brooklyn,NM 11232 . 733 Third AveIme
(718)788-50 12 New York, New York 10017
Lycoury@aolaom (212) 867-fi000
bthcis@rosenbergest!s.coni
SHBESPhD RESTAURA, T LUNDTS MANAGBMENT CORP.
i s,tRC, Respondent
ASSOp ·
Petitrot
I
J
I
... G ar ofdis,Presidet~t
Prssi
Preview
FILED: KINGS COUNTY CLERK 02/21/2018 09:45 AM INDEX NO. 510844/2016 NYSCEF DOC. NO. 260 RECEIVED NYSCEF: 02/21/2018 s CIVIL COURT OF THE CITY OF NEW YORK COUNTY OF KINGS: Part 52 SHEEPSHEAD RESTAURANT ASSOCIATES, INC., Commercial L&T Petitioner(Landlord), Index Noa 90922/2014 -against- AMENDED TWO-ATTORNEY STIPULATION OF SETTLLI' (NOly- LUNDY'S MANAGEMENT CORP, SETTLEMENT 2803 19* 1901-1921 Emmons Avenue, East Street,and PAYMENT) 31-56 to 31-76 Ocean Avenue, Brooklyn, New York 11235 Respondent (Tenant). IT IS HEREBY STIPULATED AND AGRBBD, by and between the respective parties hereto,thatthe two-attorney Stipulation ofSettlementofthis proceeding dated September I1,2014 ! (a copy of whloh isannexed hereto as Exhibit A) is amended as follows: 1, Final judgment in the sum of $196,050,00 (representing unpaid additional rent of$102,000.00 In legal fees and $94,050.00 in in interest) favor of the Petitioner. parties' 2, Paragraphs 10 and 11 of the September 11, 2014 stipulation is hereby deleted in its entirety. The Petitionets warrant of eviction shall remain valid and effective, Execution of the Petitionets warrant of eviction is stayed in accordance with the terms of this Amended Stipulation of Settlement. 3, The Respondent shall pay to the as additional Petitioner, rent,the Petitioners legal fees in the amount of $102,000,00, representing a portion of the legal fees incurred by the Petitioner in connection with various legalproceedings and actions, in twelve (12) equal monthly payments of $8,500.00 each beginning on November 30, 2015and on the 10th day ofeach month thereafter, 4. The Respondent shall pay to the Petitioner, as additional rent, $94,050.00, representing interest at 4.5% APR accrued from November 14, 2013 through November 1, 2015, FILED: KINGS COUNTY CLERK 02/21/2018 09:45 AM INDEX NO. 510844/2016 NYSCEF DOC. NO. 260 RECEIVED NYSCEF: 02/21/2018 on the $1,045,000.00 now held in escrow by Astoria Federat Savings and Loan Association ("Astoria")pursuant to three (3) escrow agreements dated November 14, 2013, The Respondent shallpay the$94,050.00 due under thisparagraph as follows: a, In one lump-sum payment of $94,050.00 of additional rent simultaneously with the execution of thisstipulation;or . b. . Atthe Respondent's option, in twenty-four (24) equal monthly payments of $3,918.75of additional rent beginning on November 30, 2015 and on the 10th day ofeach month thereafter. S. Upon any default in payment, and afterten (10) day written notice of default to Lundy's Management Corp. by federal express overnight at 540 Atlantic Avenue Fifth Floor, Brooklyn, New York 11217 and by email at pannassi(dpol.com aml to Brett Theis, Esq, by federal express overnight at ROSBNBERO&BSTIS,P.C., 733 Third Avenue, New York, New York 10017 and by email to btheis@rosenbergestis.com, the Petitionermay serve and execute on the warrant. Warrant may not be served untilafterservice of a default notice and expiration of the notice to cure, I 6. As used in thisstipulation a. The "Premiaos" shall be defined as allbuildlogs, rooms, and land located at 1901-1929 Emmons Avenue, and 31-52 to 31-76 Ocean Avenue, Brooklyn, NewYork 11235, as more fullydescribed in themetes and bounds description and survey annexed hereto as Exhibit A to the Net Lease dated March 9, 1994, Promises" the entireBlock 8775, Lot 41, otherwise described as the "Lease in I I the Net Lease dated March 9, 1994, The foregoing shall be a sufficient I description of the Premises for tite purposes of any notice served under the Net 2 I FILED: KINGS COUNTY CLERK 02/21/2018 09:45 AM INDEX NO. 510844/2016 NYSCEF DOC. NO. 260 RECEIVED NYSCEF: 02/21/2018 Lease, the First Modification, the Second Modification, and this Agreement, I I shak be a sufficient description of the Premises in connection with any existing or future summary proceeding concerning the Premises, Building" b. The "Main shallbe defined as thatportion of thePremises including the two-story building, rooms, and land located at 1901-1929 Emmons Avenue, Brooklyn, New York 11235, and allancillary structures attached thereto. "Aunex" o. The shallbe defined as thatportion of thePremises including the 'I three-story building, rooms, and land located at 31-52 to 3 1-76Ocean Avenue, Brooklyn, New York 11235, and all ancillarystructures attached thereto, 7, The partiesrecognize thatthe $124,184.35 referenced in paragraph 2 of the9/11/14 stipulationhas been paid, This stipulation may' the to so- 8, may be submitted to Clerk of Comt or the pourt to be L without further notice to any party,and the parties hereto expressly consent to submit this stipulationto be so-ordered by thisCourt. The Respondent expressly authorizes the Petitioner to parties' filethisstipulation with the Clerk and/or Court, The acknowledge and consent that the terms of thisstipulationshall be valid and enforceable upon execution, and shall remain valid and enforceable regardless of whether thisstipulationisso-ordered by the Court, 9. All dates and deadlines set forth in this Amended Stipulatlon of Settl ment are Time of theEssence. 10. Provided allpayments are made as setforth herein, the judgment aridwarrant shall be vacated. \ FILED: KINGS COUNTY CLERK 02/21/2018 09:45 AM INDEX NO. 510844/2016 NYSCEF DOC. NO. 260 RECEIVED NYSCEF: 02/21/2018 I 11. In theevent of a breachof any portionof th(sAolended 86pulatfor of Settlentent the attoi'neys' non2breac JiÓ815âity shaftbe eniitledto reasonableattoi fees inany notion or proceeding whatsoever tc enforce theterms hereof. 11 FacshniIe signatures on this shall stipe jation be deemed as originals, Dated: November _, 2015 HAGAN, CO 4 ASSOCTATES ROSBNBERG&ESTIS,P.C. ' Attorney 1 sB on r for Respondent MJI' gÚy:y,' WillifufÛ. . oury 908 4th Averas By; Brett Theis Brooklyn,NM 11232 . 733 Third AveIme (718)788-50 12 New York, New York 10017 Lycoury@aolaom (212) 867-fi000 bthcis@rosenbergest!s.coni SHBESPhD RESTAURA, T LUNDTS MANAGBMENT CORP. i s,tRC, Respondent ASSOp · Petitrot I J I ... G ar ofdis,Presidet~t Prssi