Preview
INDEX NO. 516379/2022
FILED: KINGS COUNTY CLERK 07/03/2023 11:49 AM
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 07/03/2023
THE SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
ee = x
YITZCHOK ELIMELECH TEITELBAUM a/k/a Index No. 516379/2022
ISAAC TEITELBAUM and YAACOV LEIB
DAVIDSON a/k/a YAKOV LEIB DAVIDSOHN, STIPULATION OF
SETTLEMENT
Petitioners,
-against-
YOEL PERL, YOSEF RUBIN a/k/a JOSEPH RUBIN,
and PR BROOKLYN, LLC,
Respondents.
am _-
This Stipulation of Settlement (the “Stipulation of Settlement”) is made as of August __,
2022 (the “Effective Date”) by and among Petitioners, YITZCHOK ELIMELECH
TEITELBAUM a/k/a ISAAC TEITELBAUM and YAACOV LEIB DAVIDSON a/k/a YAKOV
LEIB DAVIDSOHN (“Petitioners”) and Respondents YOEL PERL and YOSEF RUBIN a/k/a
JOSEPH RUBIN (“Respondents”), who may be referred to collectively as the “Parties.”
WHEREAS Petitioners entered into one or more agreements with Respondents
relating to a property commonly known as 1051 New York Avenue, Brooklyn, New York (the
“Property”);
WHEREAS a dispute arose between Petitioners and Respondents concerns the
Parties’ respective rights and obligations relative to the Property (the “Dispute”);
WHEREAS Petitioners and Respondents agreed on September 12, 2021, to
resolve the Dispute by arbitration through Givas Hamorah Rabbinical Court (the “Arbitrator”);
WHEREAS, after conducting the arbitration proceedings, the Arbitrator rendered
an arbitration award on February 16, 2022, which provides, in relevant part, that (i) Respondents
are jointly and severally liable to Petitioners in the amount of $740,000.00, (ii) the Property may
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not be mortgaged or transferred so long as the debt to Petitioners has not been paid, and (iii)
Petitioners are considered to be partners “(for all profits)” in the Property and in the assets of the
Property owner (the “Arbitration Award”);
WHEREAS Respondents failed to pay Petitioners any part of the money due
under the terms of the Arbitration Award;
WHEREAS Petitioners commenced the above-captioned action against
Respondents on June 7, 2022, by filing a Notice of Petition and Verified Petition, seeking an
order confirming the Arbitration Award and awarding judgment in favor of Petitioners and
against Respondents, jointly and severally in the amount of $740,000.00 (the “Claim Amount”);
WHEREAS the Parties desire to and have agreed to settle this action as against
the Respondent, and the Petitioners and Respondents have agreed to discontinue this action as
against the Respondent, including ali claims and counterclaims, if any, as against each other,
with prejudice;
NOW THEREFORE, in consideration of the mutual commitments, obligations,
and covenants described herein as well as other good and valuable consideration the receipt and
sufficiency of which are hereby acknowledged;
IT IS HEREBY STIPULATED AND AGREED, by and between the Parties,
that the above referenced action is hereby fully and finally settled as follows:
1 The above “WHEREAS” clauses are hereby incorporated into and made a part of
the body of this Stipulation of Settlement as if fully set forth herein.
2. The Respondents hereby appear in this action and consents to the jurisdiction of
this Court.
FILED: KINGS COUNTY INDEX NO. 516379/2022
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NYSCEF DOC. NO. 12 RECEIVED NYSCEF 07/03/2023
3 The Respondents agree to pay to the Petitioners the Claim Amount of
$740,000.00 (the “Settlement Funds”) in full and final settlement of all claims between the
Parties. The Settlement Funds shall be payable as follows:
1 Immediately upon the execution of this Stipulation of Settlement,
Respondents shall make an initial payment in the amount of $60,000.00.
i On or before September 1, 2022, Respondents shall make a second
payment in the amount of $40,000.00.
iii. Respondents shall make ten (10) monthly payments in the amount of
$10,000 per month on the first day of each month beginning on December
1, 2022, and continuing through September 1, 2023.
lv. Respondents will work diligently to ensure that the Building is sold, and
upon the sale of the Building, the amount of net proceeds above
$100,000.00 and below $400,000.00 shall be paid to the Petitioner, such
that Petitioner will be entitled to a maximum payment of $300,000.00 in
the event the sale proceeds exceed $400,000.00. The parties acknowledge
the Respondents may retain the first $100,000.00 from the sale proceeds
and all additional proceeds above $400,000.00.
In the event that Respondents make payments to Petitioners that are not
required under (i)-(iii) above, for a sum amount equal to or greater than
$300,000.00, inclusive of any proceeds from a sale of the Property under
(iv) above and any additional amounts Respondents may choose pay
beyond the requirements set forth above, then Respondents shall make ten
(10) monthly payments in the amount of $10,000 per month on the first
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NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 07/03/2023
day of each month beginning on October 1, 2023, and continuing through
August 1, 2024, or until the Settlement Funds are paid in full. Otherwise,
if the sum of payments not required by (i)-(iii) above is less than
$300,000.00, Respondents shall make ten (10) monthly payments in the
amount of $15,000 per month on the first day of each month beginning on
October 1, 2023, and continuing through August 1, 2024.
Vi Respondents shall make monthly payments in the amount of $15,000 per
month on the first day of each month beginning on September 1, 2024,
and continuing until the amount of the Settlement Funds is paid in full.
4 The Settlement Funds shall be paid by official bank check payable to “Gutman
Weiss, PC, as Attorneys” and delivered to the office of counsel for Petitioners counsel located at
2276 65" Street, Second Floor, Brooklyn, New York 11204, by the date set forth above, with
time being of the essence, or shall be made by wire transfer pursuant to the wiring instructions
attached hereto as Exhibit C, by the date set forth above, with time being of the essence.
5 In consideration of this Settlement, the Respondents hereby irrevocably waive(s)
all claims against Petitioners and all defenses to the claims of Petitioners, whether known or
unknown, including but not limited to all affirmative defenses and/or counterclaims and/or
crossclaims in this action. Respondents consent and submit to the jurisdiction of the New York
State Supreme Court of Kings County.
6 In consideration of this Settlement, and upon payment of all Settlement Funds due
under this Stipulation of Settlement, the Petitioners assign, release, and transfer any and all
security interest, membership interest, or financial interest they may have or had in PR
BROOKLYN, LLC or in or to any assets of PR BROOKLYN, LLC. This assignment, release,
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and transfer shall become automatically and retroactively effective as of the date hereof upon full
payment of all Settlement Funds due under this Stipulation of Settlement.
7 In the event that the Respondents default in any of their obligations hereunder,
Petitioners shall be permitted serve a notice of default to Respondents requiring Respondents to
cure such default with forty-five (45) days (the “Notice of Default”), and Respondents shall be
required to pay a separate $500 processing fee to Petitioners to cover the expense of processing
and serving such notice of default. In the event the Respondents fail to cure the default within
forty-five (45) days after service of a Notice of Default, then Petitioner may immediately enter
judgment against the defaulting Respondents, without further notice, for the full amount
demanded in the Petition in the amount of $740,000.00, less credits for payments actually made
to Petitioners by Respondents pursuant to this Stipulation of Settlement.
8 Simultaneously with the execution of this Stipulation of Settlement, Petitioners
and Respondents shall execute a Stipulation of Discontinuance with Prejudice, in the form
annexed hereto as Exhibit A (“Stipulation of Discontinuance”). Respondents shall deliver an
executed copy of said Stipulation of Discontinuance to counsel for Petitioners within two (2)
days of signing. Upon final clearance of payment of the Settlement Funds, counsel for
Petitioners shall promptly file said Stipulation of Discontinuance with the appropriate court
without further notice, provided that Respondents have not in defaulted under any of the
provisions of this Stipulation of Settlement.
9 Simultaneously with the execution of this Stipulation of Settlement, Petitioners
and Respondents shall execute mutual reciprocal releases in the form annexed hereto as
Exhibit B (the “Mutual Releases”). The Mutual Releases shall be held in escrow by the Parties’
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respective counsel pending final clearance of payment of the Settlement Funds, and thereafter
shall promptly be forwarded to the released Party’s counsel.
10. Warranty of Capacity: The Parties each represent and warrant to each other that
they have not sold, assigned, transferred, pledged, conveyed, or otherwise disposed of any of the
claims, demands, obligations, or causes of action referred to in this Stipulation of Settlement.
11. Counterparts and Facsimile Signatures: This Stipulation of Settlement may be
executed in one or more counterparts, each of which shall be deemed to be an original and all of
which shall constitute one and the same Stipulation of Settlement. Facsimile, e-mail and/or
photocopies of signatures on this Stipulation of Settlement shall be deemed valid and original for
all purposes.
12. Entire Agreement: This Stipulation of Settlement and its exhibits contains the
entire agreement between the Parties with regard to the matters set forth herein and may only be
amended, modified or waived by a written instrument executed by each of the Parties hereto.
The terms of this Stipulation of Settlement are contractual and not merely recitals. No
representations, promises, or inducements of any nature whatsoever have been made by the
parties other than those expressly appearing in this Stipulation of Settlement. Each party and
counsel for each party has reviewed and revised this Stipulation of Settlement, and accordingly
the rule of construction that any ambiguities are to be resolved against the drafting party shall not
be employed in the interpretation of this Stipulation of Settlement.
13. Headings: Headings used in this Stipulation of Settlement are inserted only for
convenience and for reference purposes. They are not intended in any way to define, limit,
expand or describe the scope of this Stipulation of Settlement or the intent of any provision.
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14. Binding Effect: This Stipulation of Settlement shall be binding upon and inure to
the benefit of the Parties’ hereto, and each and all of their heirs, personal representatives,
successors, and assigns.
15. No Waiver: No waiver of any provision of this Stipulation of Settlement shall be
valid unless in writing signed by the Parties. The failure of any Party at any time to insist upon
strict performance of any condition, promise, stipulation, or understanding set forth in this
Stipulation of Settlement, shall not be construed as a waiver or relinquishment of the right to
insist upon strict performance of the same condition, promise, stipulation or understanding at a
future time. This Stipulation of Settlement may not be modified, amended, altered or
supplemented except by a written instrument signed by all Parties hereto.
16. Notices: Any notices given or required to be given under this Stipulation of
Settlement shall be in writing and delivered either personally or via commercial overnight
courier as follows:
Dov Medinets, Esq.
Gutman Weiss, P.C.
2276 Sixty-Fifth Street, 2nd Floor
Brooklyn, N.Y. 11204
Any notice given to the Respondents shall be sent to the following address:
Steven William Wells
Wells Law P.C.
229 Warner Road
Lancaster, NY 14086
Notices delivered personally or by overnight mail shall be deemed given when received. The
Parties may change their address for notices by providing written notice given pursuant to this
paragraph.
17. Gender: Wherever the context shall require, all gender-specific terms used in this
Stipulation of Settlement and the attached exhibits shall be deemed to include the feminine,
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masculine and neutral genders, all singular words shall include the plural, and all plural shall
include the singular.
18. Survivability: All covenants and agreements contained herein shall survive the
execution of this Stipulation of Settlement.
19. Severability: If any provision of this Stipulation of Settlement is held to be
illegal, invalid or unenforceable under present or future laws effective during the term of this
Stipulation of Settlement, such provision shall be fully severable. In lieu thereof, the Parties
agree that there shall be added a provision as similar in terms and effect to such illegal, invalid or
unenforceable provision as possible.
IN WITNESS WHEREOF, the Parties and their respective counsel have each
caused this Stipulation of Settlement to be executed as of the date first set out above.
[Signature Page Follows]
INDEX NO. 516379/2022
FILED: KINGS COUNTY CLERK 07/03/2023 11:49 AM
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 07/03/2023
Dated: Brooklyn, New York
August 1, 2022
GUTMAN WEISS, P.C. WELLS LAW P.C.
Attorneys for Petitioners Attorneys for Respondents
By: Dov Medinets, Esq. By: Steven William Wells
2276 Sixty-Fifth St, 2"! Floor 229 Warner Road
Brooklyn, N.Y. 11204 Lancaster, NY 14086
YITZCHOK ELIMELECH YOEL PERL
TEITELBAUM a/k/a ISAAC Respondent
TEITELBAUM
gL
Petitioner
YAACOV LEIB DAVIDSON a/k/a YOSEF RUBIN a/k/a JOSEPH RUBIN
YAKOV LEIB DAVIDSOHN
47
Respondent
Petitioner
PR BROOKLYN, LLC
Respondent
By. vy bhutre
Title
STATE OF NEW YORK)
) ss.
COUNTY OF —— )
On the day of August, 2022, before me the undersigned notary public, personally
appeared YITZCHOK ELIMELECH TEITELBAUM a/k/a ISAAC TEITELBAUM
personally known to me or proved to me on the basis of satisfactory evidence to be the
individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged
to me that he/she/they executed the same in his/her/their/ capacity(ies), that by his/her/their
INDEX NO. 516379/2022
NYSCEF DOC. NO. 12 RECEIVED NYSCEF 07/03/2023
Dated: Brooklyn, New York
August |, 2022
GUTMAN WEISS, P.C. WELLS LAW P.C.
Attorneys for Petitioners Attorneys
for Respondents ee
By: Dov Medinets, Esa By: Steven William Wells
2276 Sixty-Fifth $42" Floor 229 Warner Road
Brooklyn, N.Y. 11204 Lancaster, NY 14086
YITZCHOK ELIMELECH YOEL PERL
TEITELBAUM a/k/a ISAAC Respondent
TEITELBAUM
4a
Petitioner,
YAACOV LEIB DAVIDSON a/k/a YOSEF RUBIN a/k/a JOSEPH RUBIN
YAKOV LEIB DAVIDSOHN Respondent
Petitione¥ 1
OAV Sen JAW
PR BROOKLYN, LLC
Respondent
By:
Title:
STATE OF NEW YORK )
) ss.:
COUNTY OF henge _ )
On the g day of August, 2022, before me the undersigned notary public, personally
appeared YITZCHOK ELIMELECH TEITELBAUM a/k/a ISAAC TEITELBAUM
personally known to me or proved to me on the basis of satisfactory evidence to be the
individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged
to tne that he/she/they executed the same in his/her/their/ capacity(ies), that by his/her/their
; I NDEX NO. 516379/2022
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 07/03/2023
signature(s) on the instrument, the individual(s), or the person upon behalf of which the
individual(s) acted, executed the instrument.
Notary Publjc
STATE OF NEW YORK )
sae,
Notary Fibhe, Seen New York
QualifiedIn
) ss.t #1E!
COUNTY OF Maney ) Commission Expires
On the q day of August, 2022, before me the undersigned notary public, personally
appeared YAACOV LEIB DAVIDSON a/k/a YAKOV LEIB DAVIDSOHN personally
“48the
known to me or proved to me on the basis of satisfactory evidence to be the individual(s)
whose name(s) is (are) subscribed, the within instrument and acknowledged to me that
he/she/they executed the samé in his/her/their/ capacity(ies), that by his/her/their
signature(s) on the instrument, the individual(s), or the person upon behalf of which the
individual(s} acted, executed the instrument.
ek he
Notary Pi lic
STATE OF NEW YORK ) Notary Pubile, State of New York
omit tee
) ss.
COUNTY OF )
On the day of August, 2022, before me, the undersigned, personally appeared YOEL
PERL, personally known to me or proved to me on the basis of satisfactory evidence to be
the individual(s) whose name(s) is (are) subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their/ capacity(ies), that
by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf
of which the individual(s) acted, executed the instrument.
Notary Public
STATE OF NEW YORK )
)ss.:
COUNTY OF )
On the day of August, 2022, before me the undersigned notary public, personally
appeared YOSEF RUBIN a/k/a JOSEPH RUBIN personally known to me or proved to
me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are)
subscribed to the within instrument and acknowledged to me that he/she/they executed the
same in his/her/their/ capacity(ies), that by his/her/their signature(s) on the instrument, the
10
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NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 07/03/2023
signature(s) on the instrument, the individual(s), or the person upon behalf of which the
individual(s) acted, executed the instrument.
Notary Public
STATE OF NEW YORK )
) ss.
COUNTY OF )
On the day of August, 2022, before me the undersigned notary public, personally
appeared YAACOV LEIB DAVIDSON a/k/a YAKOV LEIB DAVIDSOEN personally
known to me or proved to me on the basis of satisfactory evidence to be the individual(s)
whose name(s) is (are) subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their/ capacity(ies), that by his/her/their
signature(s) on the instrument, the individual(s), or the person upon behalf of which the
individual(s) acted, executed the instrument.
AA dnr~
Notary Public
RIFKAL. SCHUSTER
STATE OF NEW YORK ) NOTARY PUBLIC OF NEW JERSEY
) ss.: Comm # 50122459
My CommissionExpires Feb. 11 2025
COUNTY OF ©4ew )
On the /g— day of August, 2022, before me, the undersigned, personally appeared YOEL
PERL, personally known to me or proved to me on the basis of satisfactory evidence to be
the individual(s) whose name(s) is (are) subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their/ capacity(ies), that
by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf
of which the individual(s) acted, executed the instrument.
Notary Public RIFKA L. SCHUSTER
NOTARY PUBLIC OF NEW JERSEY
STATE OF NEW YORK ) Comm # 50122459
) ss.: My Commission Expires Feb. 14 2025
COUNTY OF oGev_ )
On the jg. day of August, 2022, before me the undersigned notary public, personally
appeared YOSEF RUBIN a/k/a JOSEPH RUBIN personally known to me or proved to
me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are)
subscribed to the within instrument and acknowledged to me that he/she/they executed the
same in his/her/their/ capacity(ies), that by his/her/their signature(s) on the instrument, the
10
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NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 07/03/2023
individual(s), or the person upon behalf of which the individual(s) acted, executed the
instrument.
Notary Public
STATE OF NEW YORK)
) ss.
COUNTY OF her )
On the jy day of August, 2022, before me the undersigned notary public, personally
appeared Ch personally known to me or proved to me on the basis
of satisfactory evidence to be.the individual whose name is subscribed to the within
instrument, that s/he is the sa of PR BROOKLYN, LLC, the entity
described herein and acknowledged to me that s/he executed the same in his/her capacity
as an officer of PR BROOKLYN, LLC and that by his/her signatures(s) on the instrument
and that he acted and executed the instrument with authority to bind PR BROOKLYN,
LLC
A fe br~
J
Notary Public
RIFKA L. SCHUSTER
IARY PUBLIC OF NEW JERSEY
Comm # 50122459
My Commission Expires Feb. 11 2025
11
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NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 07/03/2023
EXHIBIT A
(Stipulation of Discontinuance)
12
INDEX NO. 516379/2022
FILED: KINGS COUNTY CLERK 07/03/2023 11:49 AM
NYSCEF DOC. NO. 12 RECEIVED NYSCEF 07/03/2023
THE SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
mew eee ene nen eens ees —— = -_ x
YITZCHOK ELIMELECH TEITELBAUM alk/a Index No. 516379/2022
ISAAC TEITELBAUM and YAACOV LEIB
DAVIDSON a/k/a YAKOV LEIB DAVIDSOHN, STIPULATION OF
DISCONTINUANCE
Petitioners, WITH PREJUDICE
-against-
YOEL PERL, YOSEF RUBIN a/k/a JOSEPH RUBIN,
and PR BROOKLYN, LLC,
Respondents.
a a ESSENSE
ae
WHEREAS no judgment has been entered by any party to the above-captioned
action as against any other party, and the undersigned are all of the parties to this action having
appeared, hereby agree as follows; and
WHEREAS no party is an infant, incompetent person for whom a committee has
been appointed or conservatee and no person not a party has an interest in the subject matter of
the action;
IT IS HEREBY STIPULATED AND AGREED by and between the
undersigned, that the above-entitled action be and hereby is discontinued with prejudice as to all
claims and counterclaims and without costs to any party as against another, pursuant to CPLR
§ 3217(a). This stipulation may be filed with the Clerk of the Court. A photo or facsimile copy
of this document shall be deemed an original for all purposes. This document may be executed
in counterparts.
[Signature Page Follows]
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INDEX NO. 516379/2022
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NYSCEF DOC. NO. 12 RECEIVED NYSCEF 07/03/2023
Dated: Brooklyn, New York
August 1, 2022
GUTMAN WEISS, P.C. WELLS LAW P.C.
Attorneys for Petitioners YITZCHOK Attorneys for Respondents
ELIMELECH TEITELBAUM a/k/a ISAAC YOEL PERL and YOSEF RUBIN a/k/a
TEITELBAUM and YAACOV LEIB JOSEPH RUBIN
DAVIDSON a/k/a YAKOV LEIB
DAVIDSOHN
By: Dov Medinets, Esq. By: Steven William Wells
2276 Sixty-Fifth St, 2" Floor 229 Warner Road
Brooklyn, N.Y. 11204 Lancaster, NY 14086
14
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EXHIBIT B
(Mutual Releases)
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NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 07/03/2023
MUTUAL GENERAL RELEASES
To all to whom these Presents shall come or may Concern, Know That:
YITZCHOK ELIMELECH TEITELBAUM alk/a ISAAC
TEITELBAUM and YAACOV LEIB DAVIDSON a/k/a YAKOV
LEIB DAVIDSOHN and their agents and employees, heirs, executors,
administrators, successors and assigns, as RELEASORG),
in consideration of ten ($10.00) dollars, the terms of the Stipulation of Settlement between the
parties in the case in the Kings County action with Index No. 516379/2022 (the “Civil Action”),
and other valuable consideration received from
YOEL PERL, YOSEF RUBIN a/k/a JOSEPH RUBIN, and PR
BROOKLYN, LLC, and their directors, officers, shareholders, agents
and employees, heirs, executors, administrators, successors and
assigns, as RELEASEE(s),
receipt whereof is hereby acknowledged, release and discharge RELEASEE(s) from all actions,
causes of action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills specialties,
covenants, contracts, controversies, agreements, promises, variances, trespasses, damages,
judgments, extents, executions, claims and demands whatsoever, in law, admiralty or equity,
which against the RELEASEE(s), the RELEASOR(s) or the successors and assigns of
RELEASOR(s) ever had, now have, or hereafter can, shall or may have, for, upon, or by reason
of any matter, cause or thing whatsoever related to the Civil Action or related to the premises
located at 1051 New York Avenue, Brooklyn, New York from January 1, 2021 to the day of the
date of this RELEASE.
The words “RELEASOR(s)” and “RELEASEE(s)” include all releasors and all releasees
under this RELEASE. This RELEASE may not be changed orally.
IN WITNESSES WHEREOF, the RELEASOR(s) has/have caused this release to be
executed on the day of August, 2022.
YITZCHOK ELIMELECH TEITELBAUM
a/k/a ISAAC TEITELBAUM
By:
YAACOV LEIB DAVIDSON a/k/a YAKOV
LEIB DAVIDSOHN
By:
16
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NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 07/03/2023
STATE OF NEW YORK)
) ss.:
COUNTY OF )
On the day of August in the year 2022 before me, the undersigned, personally
appeared YITZCHOK ELIMELECH TEITELBAUM a/k/a ISAAC TEITELBAUM,
personally known to me or proved to me on the basis of satisfactory evidence to be the
individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged
to me that he/she/they executed the same in his/her/their/ capacity(ies), that by his/her/their
signature(s) on the instrument, the individual(s), or the person upon behalf of which the
individual(s) acted, executed the instrument.
Notary Public
STATE OF NEW YORK )
) ss.:
COUNTY OF )
On the day of August in the year 2022 before me, the undersigned, personally
appeared YAACOV LEIB DAVIDSON a/k/a YAKOV LEIB DAVIDSOHN, personally
known to me or proved to me on the basis of satisfactory evidence to be the individual(s)
whose name(s) is (are) subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their/ capacity(ies), that by his/her/their
signature(s) on the instrument, the individual(s), or the person upon behalf of which the
individual(s) acted, executed the instrument.
Notary Public
[Reciprocal Release Next Page]
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NYSCEF DOC. NO. 12 RECEIVED NYSCEF 07/03/2023
[RECIPROCAL RELEASE]
To all to whom these Presents shall come or may Concern, Know That:
YOEL PERL, YOSEF RUBIN a/k/a JOSEPH RUBIN, and PR
BROOKLYN, LLC, and their directors, officers, shareholders, agents
and employees, heirs, executors, administrators, successors and
assigns, as RELEASOR(s),
in consideration of ten ($10.00) dollars, the terms of the Stipulation of Settlement between the
parties in the case in the Kings County action with Index No. 516379/2022 (the “Civil Action”),
and other valuable consideration received from
YITZCHOK ELIMELECH TEITELBAUM alk/a ISAAC
TEITELBAUM and YAACOV LEIB DAVIDSON a/k/a YAKOV
LEIB DAVIDSON, and its directors, officers, shareholders, agents
and employees, heirs, executors, administrators, successors and
assigns, as RELEASEE(s),
receipt whereof is hereby acknowledged, releases and discharges RELEASEE(s) from all
actions, causes of action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills
specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses,
damages, judgments, extents, executions, claims and demands whatsoever, in law, admiralty or
equity, which against the RELEASEE(s), the RELEASOR(s) or the successors and assigns of
RELEASOR(s) ever had, now have or hereafter can, shall or may have, for, upon, or by reason
of any matter, cause or thing whatsoever related to the Civil Action or related to the premises
located at 1051 New York Avenue, Brooklyn, New York from January 1, 2021 to the day of the
date of this RELEASE.
The words “RELEASOR(s)” and “RELEASEE(s)” include all releasors and all releasees
under this RELEASE. This RELEASE may not be changed orally.
IN WITNESSES WHEREOEF, the RELEASOR(s) has/have caused this release to be
executed by its duly authorized officer on the day of August, 2022.
YOEL PERL YOSEF RUBIN a/k/a JOSEPH RUBIN
LA. L
BY Al rw Fre Az
Title: Cfo
18
INDEX NO. 516379/2022
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 07/03/2023
STATE OF NEW YORK )
) ss.:
COUNTY OF 9Ceé~"__ )
On the day of August in the year 2022 before me, the undersigned, personally
appeared YOEL PERL, personally known to me or proved to me on the basis of
satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their/
capacity(ies), that by his/her/their signature(s) on the instrument, the individual(s), or the
person upon behalf of which the individual(s) a xecuted the instrument.
AM~
Notary Public
STATE OF NEW YORK ) RIFKA L. SCHUSTER
) ss. NOTARY PUBLIC OF NEW JERSEY
Comm # 50122459
COUNTY OF @¢na _) My Commission Expires Feb. 11 2025
On the day of August in the year 2022 before me, the undersigned, personally
appear YOSEF RUBIN a/k/a JOSEPH RUBIN, personally known to me or proved to
me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are)
subscribed to the within instrument and acknowledged to me that he/she/they executed the
same in his/her/their/ capacity(ies), that by his/her/their signature(s) on the instrument, the
individual(s), or the person upon behalf of which the individual(s) acted, executed the
instrument.
A An Aor
Notary Public
FIFKAL. SCHUSTER
STATE OF NEW YORK ) NOTARY PUBLIC OF NEW JERSEY
) ss.: Comm # 50122459
My Commission Expires Feb, 11 2025
COUNTY OF °¢fe,) )
On the /— day of August, 2022, before me the undersigned notary public, personally
appeared fine Cea personally known to me or proved to me on the basis
of satisfactory evidence to be the, individual whose name is subscribed to the within
instrument, that s/he is the a of PR BROOKLYN, LLC, the entity
described herein and acknowledged to me that s/he executed the same in his/her capacity
as an officer of PR BROOKLYN, LLC and that by his/her signatures(s) on the instrument
and that he acted and executed the instrument with authority to bind PR BROOKLYN,
Af. fp
LLC.
Notary Public
Preview
INDEX NO. 516379/2022 FILED: KINGS COUNTY CLERK 07/03/2023 11:49 AM NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 07/03/2023 THE SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ee = x YITZCHOK ELIMELECH TEITELBAUM a/k/a Index No. 516379/2022 ISAAC TEITELBAUM and YAACOV LEIB DAVIDSON a/k/a YAKOV LEIB DAVIDSOHN, STIPULATION OF SETTLEMENT Petitioners, -against- YOEL PERL, YOSEF RUBIN a/k/a JOSEPH RUBIN, and PR BROOKLYN, LLC, Respondents. am _- This Stipulation of Settlement (the “Stipulation of Settlement”) is made as of August __, 2022 (the “Effective Date”) by and among Petitioners, YITZCHOK ELIMELECH TEITELBAUM a/k/a ISAAC TEITELBAUM and YAACOV LEIB DAVIDSON a/k/a YAKOV LEIB DAVIDSOHN (“Petitioners”) and Respondents YOEL PERL and YOSEF RUBIN a/k/a JOSEPH RUBIN (“Respondents”), who may be referred to collectively as the “Parties.” WHEREAS Petitioners entered into one or more agreements with Respondents relating to a property commonly known as 1051 New York Avenue, Brooklyn, New York (the “Property”); WHEREAS a dispute arose between Petitioners and Respondents concerns the Parties’ respective rights and obligations relative to the Property (the “Dispute”); WHEREAS Petitioners and Respondents agreed on September 12, 2021, to resolve the Dispute by arbitration through Givas Hamorah Rabbinical Court (the “Arbitrator”); WHEREAS, after conducting the arbitration proceedings, the Arbitrator rendered an arbitration award on February 16, 2022, which provides, in relevant part, that (i) Respondents are jointly and severally liable to Petitioners in the amount of $740,000.00, (ii) the Property may INDEX NO. 516379/2022 NYSCEF DOC. NO. 12 RECEIVED NYSCEF 07/03/2023 not be mortgaged or transferred so long as the debt to Petitioners has not been paid, and (iii) Petitioners are considered to be partners “(for all profits)” in the Property and in the assets of the Property owner (the “Arbitration Award”); WHEREAS Respondents failed to pay Petitioners any part of the money due under the terms of the Arbitration Award; WHEREAS Petitioners commenced the above-captioned action against Respondents on June 7, 2022, by filing a Notice of Petition and Verified Petition, seeking an order confirming the Arbitration Award and awarding judgment in favor of Petitioners and against Respondents, jointly and severally in the amount of $740,000.00 (the “Claim Amount”); WHEREAS the Parties desire to and have agreed to settle this action as against the Respondent, and the Petitioners and Respondents have agreed to discontinue this action as against the Respondent, including ali claims and counterclaims, if any, as against each other, with prejudice; NOW THEREFORE, in consideration of the mutual commitments, obligations, and covenants described herein as well as other good and valuable consideration the receipt and sufficiency of which are hereby acknowledged; IT IS HEREBY STIPULATED AND AGREED, by and between the Parties, that the above referenced action is hereby fully and finally settled as follows: 1 The above “WHEREAS” clauses are hereby incorporated into and made a part of the body of this Stipulation of Settlement as if fully set forth herein. 2. The Respondents hereby appear in this action and consents to the jurisdiction of this Court. FILED: KINGS COUNTY INDEX NO. 516379/2022 CLERK 07/03/2023 11:49 AM) NYSCEF DOC. NO. 12 RECEIVED NYSCEF 07/03/2023 3 The Respondents agree to pay to the Petitioners the Claim Amount of $740,000.00 (the “Settlement Funds”) in full and final settlement of all claims between the Parties. The Settlement Funds shall be payable as follows: 1 Immediately upon the execution of this Stipulation of Settlement, Respondents shall make an initial payment in the amount of $60,000.00. i On or before September 1, 2022, Respondents shall make a second payment in the amount of $40,000.00. iii. Respondents shall make ten (10) monthly payments in the amount of $10,000 per month on the first day of each month beginning on December 1, 2022, and continuing through September 1, 2023. lv. Respondents will work diligently to ensure that the Building is sold, and upon the sale of the Building, the amount of net proceeds above $100,000.00 and below $400,000.00 shall be paid to the Petitioner, such that Petitioner will be entitled to a maximum payment of $300,000.00 in the event the sale proceeds exceed $400,000.00. The parties acknowledge the Respondents may retain the first $100,000.00 from the sale proceeds and all additional proceeds above $400,000.00. In the event that Respondents make payments to Petitioners that are not required under (i)-(iii) above, for a sum amount equal to or greater than $300,000.00, inclusive of any proceeds from a sale of the Property under (iv) above and any additional amounts Respondents may choose pay beyond the requirements set forth above, then Respondents shall make ten (10) monthly payments in the amount of $10,000 per month on the first INDEX NO. 516379/2022 FILED: KINGS COUNTY CLERK 07/03/2023 11:49 AM NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 07/03/2023 day of each month beginning on October 1, 2023, and continuing through August 1, 2024, or until the Settlement Funds are paid in full. Otherwise, if the sum of payments not required by (i)-(iii) above is less than $300,000.00, Respondents shall make ten (10) monthly payments in the amount of $15,000 per month on the first day of each month beginning on October 1, 2023, and continuing through August 1, 2024. Vi Respondents shall make monthly payments in the amount of $15,000 per month on the first day of each month beginning on September 1, 2024, and continuing until the amount of the Settlement Funds is paid in full. 4 The Settlement Funds shall be paid by official bank check payable to “Gutman Weiss, PC, as Attorneys” and delivered to the office of counsel for Petitioners counsel located at 2276 65" Street, Second Floor, Brooklyn, New York 11204, by the date set forth above, with time being of the essence, or shall be made by wire transfer pursuant to the wiring instructions attached hereto as Exhibit C, by the date set forth above, with time being of the essence. 5 In consideration of this Settlement, the Respondents hereby irrevocably waive(s) all claims against Petitioners and all defenses to the claims of Petitioners, whether known or unknown, including but not limited to all affirmative defenses and/or counterclaims and/or crossclaims in this action. Respondents consent and submit to the jurisdiction of the New York State Supreme Court of Kings County. 6 In consideration of this Settlement, and upon payment of all Settlement Funds due under this Stipulation of Settlement, the Petitioners assign, release, and transfer any and all security interest, membership interest, or financial interest they may have or had in PR BROOKLYN, LLC or in or to any assets of PR BROOKLYN, LLC. This assignment, release, INDEX NO. 516379/2022 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 07/03/2023 and transfer shall become automatically and retroactively effective as of the date hereof upon full payment of all Settlement Funds due under this Stipulation of Settlement. 7 In the event that the Respondents default in any of their obligations hereunder, Petitioners shall be permitted serve a notice of default to Respondents requiring Respondents to cure such default with forty-five (45) days (the “Notice of Default”), and Respondents shall be required to pay a separate $500 processing fee to Petitioners to cover the expense of processing and serving such notice of default. In the event the Respondents fail to cure the default within forty-five (45) days after service of a Notice of Default, then Petitioner may immediately enter judgment against the defaulting Respondents, without further notice, for the full amount demanded in the Petition in the amount of $740,000.00, less credits for payments actually made to Petitioners by Respondents pursuant to this Stipulation of Settlement. 8 Simultaneously with the execution of this Stipulation of Settlement, Petitioners and Respondents shall execute a Stipulation of Discontinuance with Prejudice, in the form annexed hereto as Exhibit A (“Stipulation of Discontinuance”). Respondents shall deliver an executed copy of said Stipulation of Discontinuance to counsel for Petitioners within two (2) days of signing. Upon final clearance of payment of the Settlement Funds, counsel for Petitioners shall promptly file said Stipulation of Discontinuance with the appropriate court without further notice, provided that Respondents have not in defaulted under any of the provisions of this Stipulation of Settlement. 9 Simultaneously with the execution of this Stipulation of Settlement, Petitioners and Respondents shall execute mutual reciprocal releases in the form annexed hereto as Exhibit B (the “Mutual Releases”). The Mutual Releases shall be held in escrow by the Parties’ INDEX NO. 516379/2022 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 07/03/2023 respective counsel pending final clearance of payment of the Settlement Funds, and thereafter shall promptly be forwarded to the released Party’s counsel. 10. Warranty of Capacity: The Parties each represent and warrant to each other that they have not sold, assigned, transferred, pledged, conveyed, or otherwise disposed of any of the claims, demands, obligations, or causes of action referred to in this Stipulation of Settlement. 11. Counterparts and Facsimile Signatures: This Stipulation of Settlement may be executed in one or more counterparts, each of which shall be deemed to be an original and all of which shall constitute one and the same Stipulation of Settlement. Facsimile, e-mail and/or photocopies of signatures on this Stipulation of Settlement shall be deemed valid and original for all purposes. 12. Entire Agreement: This Stipulation of Settlement and its exhibits contains the entire agreement between the Parties with regard to the matters set forth herein and may only be amended, modified or waived by a written instrument executed by each of the Parties hereto. The terms of this Stipulation of Settlement are contractual and not merely recitals. No representations, promises, or inducements of any nature whatsoever have been made by the parties other than those expressly appearing in this Stipulation of Settlement. Each party and counsel for each party has reviewed and revised this Stipulation of Settlement, and accordingly the rule of construction that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Stipulation of Settlement. 13. Headings: Headings used in this Stipulation of Settlement are inserted only for convenience and for reference purposes. They are not intended in any way to define, limit, expand or describe the scope of this Stipulation of Settlement or the intent of any provision. INDEX NO. 516379/2022 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 07/03/2023 14. Binding Effect: This Stipulation of Settlement shall be binding upon and inure to the benefit of the Parties’ hereto, and each and all of their heirs, personal representatives, successors, and assigns. 15. No Waiver: No waiver of any provision of this Stipulation of Settlement shall be valid unless in writing signed by the Parties. The failure of any Party at any time to insist upon strict performance of any condition, promise, stipulation, or understanding set forth in this Stipulation of Settlement, shall not be construed as a waiver or relinquishment of the right to insist upon strict performance of the same condition, promise, stipulation or understanding at a future time. This Stipulation of Settlement may not be modified, amended, altered or supplemented except by a written instrument signed by all Parties hereto. 16. Notices: Any notices given or required to be given under this Stipulation of Settlement shall be in writing and delivered either personally or via commercial overnight courier as follows: Dov Medinets, Esq. Gutman Weiss, P.C. 2276 Sixty-Fifth Street, 2nd Floor Brooklyn, N.Y. 11204 Any notice given to the Respondents shall be sent to the following address: Steven William Wells Wells Law P.C. 229 Warner Road Lancaster, NY 14086 Notices delivered personally or by overnight mail shall be deemed given when received. The Parties may change their address for notices by providing written notice given pursuant to this paragraph. 17. Gender: Wherever the context shall require, all gender-specific terms used in this Stipulation of Settlement and the attached exhibits shall be deemed to include the feminine, INDEX NO. 516379/2022 NYSCEF DOC. NO. 12 RECEIVED NYSCEF 07/03/2023 masculine and neutral genders, all singular words shall include the plural, and all plural shall include the singular. 18. Survivability: All covenants and agreements contained herein shall survive the execution of this Stipulation of Settlement. 19. Severability: If any provision of this Stipulation of Settlement is held to be illegal, invalid or unenforceable under present or future laws effective during the term of this Stipulation of Settlement, such provision shall be fully severable. In lieu thereof, the Parties agree that there shall be added a provision as similar in terms and effect to such illegal, invalid or unenforceable provision as possible. IN WITNESS WHEREOF, the Parties and their respective counsel have each caused this Stipulation of Settlement to be executed as of the date first set out above. [Signature Page Follows] INDEX NO. 516379/2022 FILED: KINGS COUNTY CLERK 07/03/2023 11:49 AM NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 07/03/2023 Dated: Brooklyn, New York August 1, 2022 GUTMAN WEISS, P.C. WELLS LAW P.C. Attorneys for Petitioners Attorneys for Respondents By: Dov Medinets, Esq. By: Steven William Wells 2276 Sixty-Fifth St, 2"! Floor 229 Warner Road Brooklyn, N.Y. 11204 Lancaster, NY 14086 YITZCHOK ELIMELECH YOEL PERL TEITELBAUM a/k/a ISAAC Respondent TEITELBAUM gL Petitioner YAACOV LEIB DAVIDSON a/k/a YOSEF RUBIN a/k/a JOSEPH RUBIN YAKOV LEIB DAVIDSOHN 47 Respondent Petitioner PR BROOKLYN, LLC Respondent By. vy bhutre Title STATE OF NEW YORK) ) ss. COUNTY OF —— ) On the day of August, 2022, before me the undersigned notary public, personally appeared YITZCHOK ELIMELECH TEITELBAUM a/k/a ISAAC TEITELBAUM personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their/ capacity(ies), that by his/her/their INDEX NO. 516379/2022 NYSCEF DOC. NO. 12 RECEIVED NYSCEF 07/03/2023 Dated: Brooklyn, New York August |, 2022 GUTMAN WEISS, P.C. WELLS LAW P.C. Attorneys for Petitioners Attorneys for Respondents ee By: Dov Medinets, Esa By: Steven William Wells 2276 Sixty-Fifth $42" Floor 229 Warner Road Brooklyn, N.Y. 11204 Lancaster, NY 14086 YITZCHOK ELIMELECH YOEL PERL TEITELBAUM a/k/a ISAAC Respondent TEITELBAUM 4a Petitioner, YAACOV LEIB DAVIDSON a/k/a YOSEF RUBIN a/k/a JOSEPH RUBIN YAKOV LEIB DAVIDSOHN Respondent Petitione¥ 1 OAV Sen JAW PR BROOKLYN, LLC Respondent By: Title: STATE OF NEW YORK ) ) ss.: COUNTY OF henge _ ) On the g day of August, 2022, before me the undersigned notary public, personally appeared YITZCHOK ELIMELECH TEITELBAUM a/k/a ISAAC TEITELBAUM personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to tne that he/she/they executed the same in his/her/their/ capacity(ies), that by his/her/their ; I NDEX NO. 516379/2022 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 07/03/2023 signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Notary Publjc STATE OF NEW YORK ) sae, Notary Fibhe, Seen New York QualifiedIn ) ss.t #1E! COUNTY OF Maney ) Commission Expires On the q day of August, 2022, before me the undersigned notary public, personally appeared YAACOV LEIB DAVIDSON a/k/a YAKOV LEIB DAVIDSOHN personally “48the known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed, the within instrument and acknowledged to me that he/she/they executed the samé in his/her/their/ capacity(ies), that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s} acted, executed the instrument. ek he Notary Pi lic STATE OF NEW YORK ) Notary Pubile, State of New York omit tee ) ss. COUNTY OF ) On the day of August, 2022, before me, the undersigned, personally appeared YOEL PERL, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their/ capacity(ies), that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Notary Public STATE OF NEW YORK ) )ss.: COUNTY OF ) On the day of August, 2022, before me the undersigned notary public, personally appeared YOSEF RUBIN a/k/a JOSEPH RUBIN personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their/ capacity(ies), that by his/her/their signature(s) on the instrument, the 10 INDEX NO. 516379/2022 FILED: KINGS COUNTY CLERK 07/03/2023 11:49 AM NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 07/03/2023 signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Notary Public STATE OF NEW YORK ) ) ss. COUNTY OF ) On the day of August, 2022, before me the undersigned notary public, personally appeared YAACOV LEIB DAVIDSON a/k/a YAKOV LEIB DAVIDSOEN personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their/ capacity(ies), that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. AA dnr~ Notary Public RIFKAL. SCHUSTER STATE OF NEW YORK ) NOTARY PUBLIC OF NEW JERSEY ) ss.: Comm # 50122459 My CommissionExpires Feb. 11 2025 COUNTY OF ©4ew ) On the /g— day of August, 2022, before me, the undersigned, personally appeared YOEL PERL, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their/ capacity(ies), that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Notary Public RIFKA L. SCHUSTER NOTARY PUBLIC OF NEW JERSEY STATE OF NEW YORK ) Comm # 50122459 ) ss.: My Commission Expires Feb. 14 2025 COUNTY OF oGev_ ) On the jg. day of August, 2022, before me the undersigned notary public, personally appeared YOSEF RUBIN a/k/a JOSEPH RUBIN personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their/ capacity(ies), that by his/her/their signature(s) on the instrument, the 10 INDEX NO. 516379/2022 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 07/03/2023 individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Notary Public STATE OF NEW YORK) ) ss. COUNTY OF her ) On the jy day of August, 2022, before me the undersigned notary public, personally appeared Ch personally known to me or proved to me on the basis of satisfactory evidence to be.the individual whose name is subscribed to the within instrument, that s/he is the sa of PR BROOKLYN, LLC, the entity described herein and acknowledged to me that s/he executed the same in his/her capacity as an officer of PR BROOKLYN, LLC and that by his/her signatures(s) on the instrument and that he acted and executed the instrument with authority to bind PR BROOKLYN, LLC A fe br~ J Notary Public RIFKA L. SCHUSTER IARY PUBLIC OF NEW JERSEY Comm # 50122459 My Commission Expires Feb. 11 2025 11 INDEX NO. 516379/2022 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 07/03/2023 EXHIBIT A (Stipulation of Discontinuance) 12 INDEX NO. 516379/2022 FILED: KINGS COUNTY CLERK 07/03/2023 11:49 AM NYSCEF DOC. NO. 12 RECEIVED NYSCEF 07/03/2023 THE SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS mew eee ene nen eens ees —— = -_ x YITZCHOK ELIMELECH TEITELBAUM alk/a Index No. 516379/2022 ISAAC TEITELBAUM and YAACOV LEIB DAVIDSON a/k/a YAKOV LEIB DAVIDSOHN, STIPULATION OF DISCONTINUANCE Petitioners, WITH PREJUDICE -against- YOEL PERL, YOSEF RUBIN a/k/a JOSEPH RUBIN, and PR BROOKLYN, LLC, Respondents. a a ESSENSE ae WHEREAS no judgment has been entered by any party to the above-captioned action as against any other party, and the undersigned are all of the parties to this action having appeared, hereby agree as follows; and WHEREAS no party is an infant, incompetent person for whom a committee has been appointed or conservatee and no person not a party has an interest in the subject matter of the action; IT IS HEREBY STIPULATED AND AGREED by and between the undersigned, that the above-entitled action be and hereby is discontinued with prejudice as to all claims and counterclaims and without costs to any party as against another, pursuant to CPLR § 3217(a). This stipulation may be filed with the Clerk of the Court. A photo or facsimile copy of this document shall be deemed an original for all purposes. This document may be executed in counterparts. [Signature Page Follows] 13 INDEX NO. 516379/2022 FILED: KINGS COUNTY CLERK 07/03/2023 11:49 AM NYSCEF DOC. NO. 12 RECEIVED NYSCEF 07/03/2023 Dated: Brooklyn, New York August 1, 2022 GUTMAN WEISS, P.C. WELLS LAW P.C. Attorneys for Petitioners YITZCHOK Attorneys for Respondents ELIMELECH TEITELBAUM a/k/a ISAAC YOEL PERL and YOSEF RUBIN a/k/a TEITELBAUM and YAACOV LEIB JOSEPH RUBIN DAVIDSON a/k/a YAKOV LEIB DAVIDSOHN By: Dov Medinets, Esq. By: Steven William Wells 2276 Sixty-Fifth St, 2" Floor 229 Warner Road Brooklyn, N.Y. 11204 Lancaster, NY 14086 14 INDEX NO. 516379/2022 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 07/03/2023 EXHIBIT B (Mutual Releases) 15 INDEX NO. 516379/2022 FILED: KINGS COUNTY CLERK 07/03/2023 11:49 AM NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 07/03/2023 MUTUAL GENERAL RELEASES To all to whom these Presents shall come or may Concern, Know That: YITZCHOK ELIMELECH TEITELBAUM alk/a ISAAC TEITELBAUM and YAACOV LEIB DAVIDSON a/k/a YAKOV LEIB DAVIDSOHN and their agents and employees, heirs, executors, administrators, successors and assigns, as RELEASORG), in consideration of ten ($10.00) dollars, the terms of the Stipulation of Settlement between the parties in the case in the Kings County action with Index No. 516379/2022 (the “Civil Action”), and other valuable consideration received from YOEL PERL, YOSEF RUBIN a/k/a JOSEPH RUBIN, and PR BROOKLYN, LLC, and their directors, officers, shareholders, agents and employees, heirs, executors, administrators, successors and assigns, as RELEASEE(s), receipt whereof is hereby acknowledged, release and discharge RELEASEE(s) from all actions, causes of action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, extents, executions, claims and demands whatsoever, in law, admiralty or equity, which against the RELEASEE(s), the RELEASOR(s) or the successors and assigns of RELEASOR(s) ever had, now have, or hereafter can, shall or may have, for, upon, or by reason of any matter, cause or thing whatsoever related to the Civil Action or related to the premises located at 1051 New York Avenue, Brooklyn, New York from January 1, 2021 to the day of the date of this RELEASE. The words “RELEASOR(s)” and “RELEASEE(s)” include all releasors and all releasees under this RELEASE. This RELEASE may not be changed orally. IN WITNESSES WHEREOF, the RELEASOR(s) has/have caused this release to be executed on the day of August, 2022. YITZCHOK ELIMELECH TEITELBAUM a/k/a ISAAC TEITELBAUM By: YAACOV LEIB DAVIDSON a/k/a YAKOV LEIB DAVIDSOHN By: 16 INDEX NO. 516379/2022 FILED: KINGS COUNTY CLERK 07/03/2023 11:49 AM NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 07/03/2023 STATE OF NEW YORK) ) ss.: COUNTY OF ) On the day of August in the year 2022 before me, the undersigned, personally appeared YITZCHOK ELIMELECH TEITELBAUM a/k/a ISAAC TEITELBAUM, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their/ capacity(ies), that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Notary Public STATE OF NEW YORK ) ) ss.: COUNTY OF ) On the day of August in the year 2022 before me, the undersigned, personally appeared YAACOV LEIB DAVIDSON a/k/a YAKOV LEIB DAVIDSOHN, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their/ capacity(ies), that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Notary Public [Reciprocal Release Next Page] 17 INDEX NO. 516379/2022 FILED: KINGS COUNTY CLERK 07/03/2023 11:49 AM NYSCEF DOC. NO. 12 RECEIVED NYSCEF 07/03/2023 [RECIPROCAL RELEASE] To all to whom these Presents shall come or may Concern, Know That: YOEL PERL, YOSEF RUBIN a/k/a JOSEPH RUBIN, and PR BROOKLYN, LLC, and their directors, officers, shareholders, agents and employees, heirs, executors, administrators, successors and assigns, as RELEASOR(s), in consideration of ten ($10.00) dollars, the terms of the Stipulation of Settlement between the parties in the case in the Kings County action with Index No. 516379/2022 (the “Civil Action”), and other valuable consideration received from YITZCHOK ELIMELECH TEITELBAUM alk/a ISAAC TEITELBAUM and YAACOV LEIB DAVIDSON a/k/a YAKOV LEIB DAVIDSON, and its directors, officers, shareholders, agents and employees, heirs, executors, administrators, successors and assigns, as RELEASEE(s), receipt whereof is hereby acknowledged, releases and discharges RELEASEE(s) from all actions, causes of action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, extents, executions, claims and demands whatsoever, in law, admiralty or equity, which against the RELEASEE(s), the RELEASOR(s) or the successors and assigns of RELEASOR(s) ever had, now have or hereafter can, shall or may have, for, upon, or by reason of any matter, cause or thing whatsoever related to the Civil Action or related to the premises located at 1051 New York Avenue, Brooklyn, New York from January 1, 2021 to the day of the date of this RELEASE. The words “RELEASOR(s)” and “RELEASEE(s)” include all releasors and all releasees under this RELEASE. This RELEASE may not be changed orally. IN WITNESSES WHEREOEF, the RELEASOR(s) has/have caused this release to be executed by its duly authorized officer on the day of August, 2022. YOEL PERL YOSEF RUBIN a/k/a JOSEPH RUBIN LA. L BY Al rw Fre Az Title: Cfo 18 INDEX NO. 516379/2022 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 07/03/2023 STATE OF NEW YORK ) ) ss.: COUNTY OF 9Ceé~"__ ) On the day of August in the year 2022 before me, the undersigned, personally appeared YOEL PERL, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their/ capacity(ies), that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) a xecuted the instrument. AM~ Notary Public STATE OF NEW YORK ) RIFKA L. SCHUSTER ) ss. NOTARY PUBLIC OF NEW JERSEY Comm # 50122459 COUNTY OF @¢na _) My Commission Expires Feb. 11 2025 On the day of August in the year 2022 before me, the undersigned, personally appear YOSEF RUBIN a/k/a JOSEPH RUBIN, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their/ capacity(ies), that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. A An Aor Notary Public FIFKAL. SCHUSTER STATE OF NEW YORK ) NOTARY PUBLIC OF NEW JERSEY ) ss.: Comm # 50122459 My Commission Expires Feb, 11 2025 COUNTY OF °¢fe,) ) On the /— day of August, 2022, before me the undersigned notary public, personally appeared fine Cea personally known to me or proved to me on the basis of satisfactory evidence to be the, individual whose name is subscribed to the within instrument, that s/he is the a of PR BROOKLYN, LLC, the entity described herein and acknowledged to me that s/he executed the same in his/her capacity as an officer of PR BROOKLYN, LLC and that by his/her signatures(s) on the instrument and that he acted and executed the instrument with authority to bind PR BROOKLYN, Af. fp LLC. Notary Public