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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF WESTCHESTER
spc crs ent cared se seated see her
MARGARET M. SCHNEIDER,
ORDER AND STIPULATION
Plaintiff,
-against-
Index No. 52176/2017
MARJORIE M. FUSCONE,
Defendant,
Fens Se scgete sae ec tO St gee ee
IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned
attorneys for the respective parties hereto, as follows:
1 The law firm of Steiner & Kostyn LLP hereby appears in the within action on
behalf of Defendant Marjorie M. Fuscone (“M.Fuscone”). M.Fuscone admits due and proper
service of the Summons and Verified Complaint dated February 16, 2017 (the “Complaint”)
upon her.
2 Plaintiff Margaret M. Schneider (“Plaintiff”), M.Fuscone and non-party Richard
Fuscone agree, pursuant to CPLR §§ 1002 and 1003, to add Richard Fuscone (“R.Fuscone”) as a
defendant in the within action, making him jointly and severally liable with M.Fuscone on the
causes of action asserted in the Complaint. R.Fuscone consents to the amendment to the
Complaint to add him as a party defendant; consents to being jointly and severally liable for the
indebtedness due pursuant to the causes of action set forth in the Complaint; and consents to the
terms and conditions of this Order and Stipulation resolving the action herein.
3, The caption herein shall herewith be amended as follows:SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF WESTCHESTER
lea aceiicle cerctec en sea aetna pa ecsatuasd psaiatameecsoeat eee
MARGARET M. SCHNEIDER,
Plaintiff,
-against-
MARJORIE M. FUSCONE and Index No. 52176/2017
RICHARD FUSCONE,
Defendants.
etna etait maid Soca eaeaue elicitin x
4. The law firm of Steiner & Kostyn LLP hereby appears in the within action on
behalf of Defendant R.Fuscone. R.Fuscone hereby waives the personal delivery and service of
the Summons and Complaint upon him.
5, M.Fuscone and R.Fuscone (“Defendants”) hereby waive their right to file an
answer or otherwise move with respect to the Complaint.
6. Defendants admit their liability on the causes of action asserted in the Complaint.
Defendants admit that the principal sum of $79,643.84 is presently due and owing by Defendants
to Plaintiff, with continuing interest thereon at the rate of 10% per annum, plus costs, expenses
and attorneys’ fees in the amount of $7,637.62 and the costs and disbursements as taxed by the
Clerk.
Te Defendants hereby consent to the filing and entry of a Judgment in the amount of
$79,643.84, with interest from the date of this Order and Stipulation at the rate of 10% per
annum, plus costs, expenses and attorneys’ fees in the amount of $7,637.62 and the costs and
disbursements as taxed by the Clerk, in the form annexed hereto as Exhibit A, on September 9,
2017, without further notice, with the Judgment Clerk for the Supreme Court of the State of New
York, County of Westchester (the “Judgment”).8. Defendants further consent to the filing, entry and domestication of the Judgment
in the Superior Court for the State of Connecticut, without further notice, on or after September
9, 2017.
9. Plaintiff hereby agrees to forbear from entering, enforcing and collecting said
Judgment in the States of New York and Connecticut until on or after September 9, 2017.
10. Defendants hereby consent to the jurisdiction of the Courts of the States of New
York and Connecticut for matters arising out of and relating to this Order and Stipulation, the
Judgment and the enforcement and collection of same.
di. Defendants each agree to enter into and execute immediately upon request by
Plaintiff or her counsel to Defendants’ counsel such further, other and different documents or
instruments as may be necessary and appropriate to effectuate this Order and Stipulation and
enter Judgment against Defendants in the States of New York and Connecticut.
12, This Order and Stipulation shall be submitted to the Court to be So Ordered
without further notice to Defendants. The Court shall maintain jurisdiction over the parties hereto
to enter such additional Orders as may be necessary hereafter to effectuate the intention of the
parties to enter Judgment hereunder and collect all sums due from Defendants herein.
13. This stipulation may be signed in counterparts and facsimile/email copies of our
signatures hereon shall have the same force and effect as our original signatures.@6/14/2807 88:34 2038694596
Dated: White Plains, New York
PAGE 01/01
March 9, 2017
COLLIER, HALPERN NEWBERG STEINER & KOSTYN LLP
& NOLLETT, P As Main
By: *y By: 3 asf)
Philip M. Halpern Scott J. Steiner
A Member of the Firm 2 William Street
One North Lexington Avenue Suite 302
White Plains, New York 10601 White Plains, New York 10601
(914) 684-6800 (914) 328-4734
Counsel for Plaintiff Counsel for Defendants
a es
Margarct M, Schneider
Plaintiff
2 Rockledge Lane
Pleasantville, New York 10570
7
“f
Fuscone
158 Hill Road
Greenwich, Connecticut 06831
Ri Fuscone
Defendant
158 Round Hill Road
Greenwich, Connecticut 06831
SO ORDERED:
JS.C.
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SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF WESTCHESTER spc crs ent cared se seated see her MARGARET M. SCHNEIDER, ORDER AND STIPULATION Plaintiff, -against- Index No. 52176/2017 MARJORIE M. FUSCONE, Defendant, Fens Se scgete sae ec tO St gee ee IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned attorneys for the respective parties hereto, as follows: 1 The law firm of Steiner & Kostyn LLP hereby appears in the within action on behalf of Defendant Marjorie M. Fuscone (“M.Fuscone”). M.Fuscone admits due and proper service of the Summons and Verified Complaint dated February 16, 2017 (the “Complaint”) upon her. 2 Plaintiff Margaret M. Schneider (“Plaintiff”), M.Fuscone and non-party Richard Fuscone agree, pursuant to CPLR §§ 1002 and 1003, to add Richard Fuscone (“R.Fuscone”) as a defendant in the within action, making him jointly and severally liable with M.Fuscone on the causes of action asserted in the Complaint. R.Fuscone consents to the amendment to the Complaint to add him as a party defendant; consents to being jointly and severally liable for the indebtedness due pursuant to the causes of action set forth in the Complaint; and consents to the terms and conditions of this Order and Stipulation resolving the action herein. 3, The caption herein shall herewith be amended as follows:SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF WESTCHESTER lea aceiicle cerctec en sea aetna pa ecsatuasd psaiatameecsoeat eee MARGARET M. SCHNEIDER, Plaintiff, -against- MARJORIE M. FUSCONE and Index No. 52176/2017 RICHARD FUSCONE, Defendants. etna etait maid Soca eaeaue elicitin x 4. The law firm of Steiner & Kostyn LLP hereby appears in the within action on behalf of Defendant R.Fuscone. R.Fuscone hereby waives the personal delivery and service of the Summons and Complaint upon him. 5, M.Fuscone and R.Fuscone (“Defendants”) hereby waive their right to file an answer or otherwise move with respect to the Complaint. 6. Defendants admit their liability on the causes of action asserted in the Complaint. Defendants admit that the principal sum of $79,643.84 is presently due and owing by Defendants to Plaintiff, with continuing interest thereon at the rate of 10% per annum, plus costs, expenses and attorneys’ fees in the amount of $7,637.62 and the costs and disbursements as taxed by the Clerk. Te Defendants hereby consent to the filing and entry of a Judgment in the amount of $79,643.84, with interest from the date of this Order and Stipulation at the rate of 10% per annum, plus costs, expenses and attorneys’ fees in the amount of $7,637.62 and the costs and disbursements as taxed by the Clerk, in the form annexed hereto as Exhibit A, on September 9, 2017, without further notice, with the Judgment Clerk for the Supreme Court of the State of New York, County of Westchester (the “Judgment”).8. Defendants further consent to the filing, entry and domestication of the Judgment in the Superior Court for the State of Connecticut, without further notice, on or after September 9, 2017. 9. Plaintiff hereby agrees to forbear from entering, enforcing and collecting said Judgment in the States of New York and Connecticut until on or after September 9, 2017. 10. Defendants hereby consent to the jurisdiction of the Courts of the States of New York and Connecticut for matters arising out of and relating to this Order and Stipulation, the Judgment and the enforcement and collection of same. di. Defendants each agree to enter into and execute immediately upon request by Plaintiff or her counsel to Defendants’ counsel such further, other and different documents or instruments as may be necessary and appropriate to effectuate this Order and Stipulation and enter Judgment against Defendants in the States of New York and Connecticut. 12, This Order and Stipulation shall be submitted to the Court to be So Ordered without further notice to Defendants. The Court shall maintain jurisdiction over the parties hereto to enter such additional Orders as may be necessary hereafter to effectuate the intention of the parties to enter Judgment hereunder and collect all sums due from Defendants herein. 13. This stipulation may be signed in counterparts and facsimile/email copies of our signatures hereon shall have the same force and effect as our original signatures.@6/14/2807 88:34 2038694596 Dated: White Plains, New York PAGE 01/01 March 9, 2017 COLLIER, HALPERN NEWBERG STEINER & KOSTYN LLP & NOLLETT, P As Main By: *y By: 3 asf) Philip M. Halpern Scott J. Steiner A Member of the Firm 2 William Street One North Lexington Avenue Suite 302 White Plains, New York 10601 White Plains, New York 10601 (914) 684-6800 (914) 328-4734 Counsel for Plaintiff Counsel for Defendants a es Margarct M, Schneider Plaintiff 2 Rockledge Lane Pleasantville, New York 10570 7 “f Fuscone 158 Hill Road Greenwich, Connecticut 06831 Ri Fuscone Defendant 158 Round Hill Road Greenwich, Connecticut 06831 SO ORDERED: JS.C.