Preview
FILED: NEW YORK COUNTY CLERK 06/11/2020 03:18 PM INDEX NO. 159591/2016
NYSCEF DOC. NO. 76 RECEIVED NYSCEF: 06/11/2020
$$$$ SUPREME COURT OF THE STATE OF NEW YORK
NEW YORK COUNTY
PRESENT: HON. BARBARA JAFFE PART IAS MOTION 12EFM
Justice
------------------------------------------------------------------------------------ X
KAREN LIEBERMAN, INDEX NO. 159591/2016
Plaintiff,
-v-
ABIGAIL MALONE AND MATTHEW MALONE AS CO-
EXECUTORS OF THE ESTATE OF WARREN J. MALONE,
WJM 2014 LLC,
VELOCITY COMMERCIAL CAPITAL, LLC,
ROSARIO MCCLAIN, JACQUES JIHA
Defendant.
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WHEREAS, at a mediation before Referee Michell Kern-Rappy on December 9, 2019,
the parties’ reached an agreement in principle to settle this action, involving the conveyance of
title to plaintiff Karen Lieberman of condominium apartment 6H at 135 West 70th Street, New
York, New York, in which she resides; and
WHEREAS, in this action, plaintiff Karen Lieberman has alleged a forgery of her
signature on that certain Bargain and Sale Deed with Covenants Against Grantors’ Acts, dated
November 24, 2014, recorded December 23, 2014, with the City Register of the City of New
York under CRFN 2014000421272, which purports to convey fee title to a residential
condominium unit, known as 135 West 70th Street, unit 6H, New York, New York (block 1142,
lot 1051), from Warren J. Malone and Karen Lieberman, as grantors, to WJM 2014 LLC, as
grantee; and
WHEREAS, in furtherance of the parties’ agreement in principle, and in preparation for
the execution of a Stipulation of Settlement of the above-captioned action, and of various
OTHER ORDER – NON-MOTION
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FILED: NEW YORK COUNTY CLERK 06/11/2020 03:18 PM INDEX NO. 159591/2016
NYSCEF DOC. NO. 76 RECEIVED NYSCEF: 06/11/2020
instruments incidental to such a Stipulation, the parties wish to a vacate and to cancel of record,
and to render void ab initio, said Bargain and Sale Deed;
IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned,
attorneys for all parties which have appeared in the above-captioned action, as follows:
1. That certain Bargain and Sale Deed with Covenants Against Grantors’ Acts, dated
November 24, 2014, recorded December 23, 2014, with the City Register of the City of New
York under CRFN 2014000421272, which purports to convey fee title to a residential
condominium unit, known as 135 West 70th Street, unit 6H, New York, New York (block 1142,
lot 1051) (the “Unit”), from Warren J. Malone and Karen Lieberman, as grantors, to WJM 2014
LLC, as grantee, is hereby vacated and rendered void ab initio, without any further force or
effect.
2. That certain Bargain and Sale Deed with Covenants Against Grantors Acts, dated
October 30, 2008 and recorded on November 18, 2008 with the City Register of the City of New
York under CFRN 2008000444871, by which Warren Malone acquired a 99.99 percent interest
and Karen Lieberman acquired a .01 percent interest in the Unit as tenants in common shall
remain in full force and effect.
3. The City Register of the City of New York is ordered to cancel the aforesaid deed
of record and record this Stipulation into the Unit’s chain of title.
4. The Parties, or any of them, may and shall cause this Stipulation to be recorded
with the City Register’s Office and indexed against the Unit without further notice to any other
party. The Parties shall execute and deliver all documents reasonably required in order to effect
such recording. This Stipulation shall be effective for all purposes regardless of when or if the
Stipulation is recorded.
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FILED: NEW YORK COUNTY CLERK 06/11/2020 03:18 PM INDEX NO. 159591/2016
NYSCEF DOC. NO. 76 RECEIVED NYSCEF: 06/11/2020
5. This Stipulation may be executed in counterparts. Facsimile copies, photocopies,
and digital copies of signatures on this Stipulation shall have the force and effect of originals.
Dated: New York, New York
March 9, 2020
GORDON & HAFFNER, LLP ADAM LEITMAN BAILEY, P.C.
Attorneys for Plaintiff Attorney for Defendants Abigail
Mamaroneck Avenue Malone and Matthew E. Malone, as
Harrison, New York 10528 Executors, and WJM 2014 LLC
(914) 381-4848 One Battery Park Plaza, 18th Floor
New York, New York 10004
(212) 825-0365
By: /s/ David Gordon By: /s/ Israel A. Katz
David Gordon, Esq. Israel A. Katz, Esq.
DATE: 6/11/2020 BARBARA JAFFE, JSC
Check One: Case Disposed Non-Final Disposition
Check if Appropriate: Other (Specify )
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Preview
FILED: NEW YORK COUNTY CLERK 06/11/2020 03:18 PM INDEX NO. 159591/2016 NYSCEF DOC. NO. 76 RECEIVED NYSCEF: 06/11/2020 $$$$ SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY PRESENT: HON. BARBARA JAFFE PART IAS MOTION 12EFM Justice ------------------------------------------------------------------------------------ X KAREN LIEBERMAN, INDEX NO. 159591/2016 Plaintiff, -v- ABIGAIL MALONE AND MATTHEW MALONE AS CO- EXECUTORS OF THE ESTATE OF WARREN J. MALONE, WJM 2014 LLC, VELOCITY COMMERCIAL CAPITAL, LLC, ROSARIO MCCLAIN, JACQUES JIHA Defendant. ------------------------------------------------------------------------------------ X WHEREAS, at a mediation before Referee Michell Kern-Rappy on December 9, 2019, the parties’ reached an agreement in principle to settle this action, involving the conveyance of title to plaintiff Karen Lieberman of condominium apartment 6H at 135 West 70th Street, New York, New York, in which she resides; and WHEREAS, in this action, plaintiff Karen Lieberman has alleged a forgery of her signature on that certain Bargain and Sale Deed with Covenants Against Grantors’ Acts, dated November 24, 2014, recorded December 23, 2014, with the City Register of the City of New York under CRFN 2014000421272, which purports to convey fee title to a residential condominium unit, known as 135 West 70th Street, unit 6H, New York, New York (block 1142, lot 1051), from Warren J. Malone and Karen Lieberman, as grantors, to WJM 2014 LLC, as grantee; and WHEREAS, in furtherance of the parties’ agreement in principle, and in preparation for the execution of a Stipulation of Settlement of the above-captioned action, and of various OTHER ORDER – NON-MOTION 1 of 3 Page 1 of 3 FILED: NEW YORK COUNTY CLERK 06/11/2020 03:18 PM INDEX NO. 159591/2016 NYSCEF DOC. NO. 76 RECEIVED NYSCEF: 06/11/2020 instruments incidental to such a Stipulation, the parties wish to a vacate and to cancel of record, and to render void ab initio, said Bargain and Sale Deed; IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned, attorneys for all parties which have appeared in the above-captioned action, as follows: 1. That certain Bargain and Sale Deed with Covenants Against Grantors’ Acts, dated November 24, 2014, recorded December 23, 2014, with the City Register of the City of New York under CRFN 2014000421272, which purports to convey fee title to a residential condominium unit, known as 135 West 70th Street, unit 6H, New York, New York (block 1142, lot 1051) (the “Unit”), from Warren J. Malone and Karen Lieberman, as grantors, to WJM 2014 LLC, as grantee, is hereby vacated and rendered void ab initio, without any further force or effect. 2. That certain Bargain and Sale Deed with Covenants Against Grantors Acts, dated October 30, 2008 and recorded on November 18, 2008 with the City Register of the City of New York under CFRN 2008000444871, by which Warren Malone acquired a 99.99 percent interest and Karen Lieberman acquired a .01 percent interest in the Unit as tenants in common shall remain in full force and effect. 3. The City Register of the City of New York is ordered to cancel the aforesaid deed of record and record this Stipulation into the Unit’s chain of title. 4. The Parties, or any of them, may and shall cause this Stipulation to be recorded with the City Register’s Office and indexed against the Unit without further notice to any other party. The Parties shall execute and deliver all documents reasonably required in order to effect such recording. This Stipulation shall be effective for all purposes regardless of when or if the Stipulation is recorded. 2 of 3 Page 2 of 3 159591/2016 FILED: NEW YORK COUNTY CLERK 06/11/2020 03:18 PM INDEX NO. 159591/2016 NYSCEF DOC. NO. 76 RECEIVED NYSCEF: 06/11/2020 5. This Stipulation may be executed in counterparts. Facsimile copies, photocopies, and digital copies of signatures on this Stipulation shall have the force and effect of originals. Dated: New York, New York March 9, 2020 GORDON & HAFFNER, LLP ADAM LEITMAN BAILEY, P.C. Attorneys for Plaintiff Attorney for Defendants Abigail Mamaroneck Avenue Malone and Matthew E. Malone, as Harrison, New York 10528 Executors, and WJM 2014 LLC (914) 381-4848 One Battery Park Plaza, 18th Floor New York, New York 10004 (212) 825-0365 By: /s/ David Gordon By: /s/ Israel A. Katz David Gordon, Esq. Israel A. Katz, Esq. DATE: 6/11/2020 BARBARA JAFFE, JSC Check One: Case Disposed Non-Final Disposition Check if Appropriate: Other (Specify ) 3 of 3 Page 3 of 3 159591/2016