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DOCKET NO: FST-CV23-5029306-S SUPERIOR COURT
JOHN M. ABRAHAMS M.D. JUDICIAL DISTRICT OF
STAMFORD/NORWALK
V. AT STAMFORD
ALAIN DE LOTBINIERE M.D. FEBRUARY 2,2024
STIPULATION FOR ATTACHMENT AND/OR GARNISHMENT
The parties to the above captioned matter hereby stipulate and agree as follows:
I. The plaintiff John M. Abrahams M.D. has brought an application for a prejudgment
remedy (#100.31), against the defendant Alaine De Lotbiniere M.D., seeking, inter alia,
the attachment of the defendant's interest in real property at 365 Riverbank Road,
Stamford, Connecticut ("365 Riverbank" or "the Property"), owned by him and
Catherine N. De Lotbiniere, which is more particularly described on Schedule A in the
attached "Order for Prejudgment Remedy".
2. Without waiving any claims or defenses concerning the subject of the proposed
complaint, the parties wish to avoid the expense, resources and risk attendant to the
hearing and wish to enter into this Stipulation.
1 The plaintiff's application has been scheduled for a hearing on February 5, 2024. As set
forth in this stipulation, the parties agree that the Court may enter an order granting a
writ of attachment, to be held in escrow by plaintiff's counsel as set forth herein.
4. The defendant shall not convey his interest in the Property nor encumber it, except
pursuant to the terms of this Stipulation.
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5. The defendant and the co-owner of 365 Riverbank, Catherine N. De Lotbiniere, are
currently marketing the Property for sale, and shall continue to market it until sold. In
lieu of the Order for Prejudgment Remedy being recorded on the Land Records
immediately, provided that the terms of this stipulation are complied with, the parties
have agreed that in the event of a sale of the Property, the defendant will place the sum
of $325,000.00 in escrow with defendant's attorney at closing, in a solitary interest-
bearing bank account opened by defendant's counsel for that purpose, as security for
any judgment or settlement of this matter.
6. The defendant shall also notify the plaintiff, through connsel, of all offers received on
the proposed sale of the Property, of any offer that is accepted, and shall provide a copy
of any binder and contract for sale upon receipt. The defendant shall also provide the
plaintiff with a copy of the current listing agreement and any amendments thereto,
within 7 business days of amendment.
7. Further, at the time of any proposed closing of the sale, defendant will instruct his real
estate attorney to place $325,000.00 of the sales proceeds in a solitary interest-bearing
bank account to be opened in the name of defendant's counsel as trustee for the purpose
of this Stipulation, which shall be used exclusively as security for any judgment or
settlement of this matter.
8. In the event there is not a binding contract for the sale of the Property by October 1,
2024, with a closing no later than December 31, 2024, or if the defendant does not abide
by the terms of this Stipulation, the defendant agrees that the plaintiff's counsel may
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record the writ of attachment, provided that he has given defendant's counsel two weeks
notice via email, during which time the defendant may move to vacate same.
9 Further, defendant's counsel shall accept service of the writ summons and complaint in
this matter on behalf of the defendant.
10. The parties hereby request that the Court enter this Stipulation as an Order and grant the
application for prejudgment remedy.
THE PLAINTIFF
JOHN M. ABRAHAMS M.D.
By:
. Cassone, Esq.
MEISTER SEELIG & FEIN, PLLC
1 Landmark Square, Suite 200
Stamford, CT 06901
Juris No. 423046
Tel: (203) 348-4244
tinciemsf-law.com
THE DEFENDANT
ALAIN DE LOTBINIERE M.D.
By:
Patrick Filan, F.
Law Offices o 'atrick Filen
1248 Post Road
Fairfield, CT 06824
Juris No. 418411
Tel: (203) 221-8068
pfilan@filan-law.com
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EXHIBIT A
ORDER FOR
PREJUDGMENT REMEDY
DOCKET NO: FST-CV23-5029306-S SUPERIOR COURT
JOHN M. Al3RAHAMS M.D. JUDICIAL DISTRICT OF
STAMFORD/NORWALK
V. AT STAMFORD
ALAIN DE LOTBINIERE M.D. FEBRUARY , 2024
ORDER FOR PREJUDGMENT REMEDY
WHEREAS, Application has been made by the plaintiff, JOHN M. ABRAHAMS M.D.
for a prejudgment remedy to attach and/or garnish assets, interests and/or property of the
defendant ALAIN DE LOTBINIERE M.D.;
WHEREAS, in lieu of a hearing on plaintiffs motion, plaintiff and defendant have
stipulated that a prejudgment remedy may enter on the terms and conditions contained herein.
NOW THEREFORE, it is hereby ORDERED:
That, to secure the amount of $325,000.00, the plaintiff is authorized to attached
defendant's interest in certain real property know as 365 Riverbank Road, Stamford,
Connecticut, and more particularly described in Schedule A, attached hereto.
ORDERED, this day of at Stamford, Connecticut.
Judge of the Superior Court
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SCHEPUL A
All that certain piece, pared or tract of land, together with the buildings and improvements thereon.,
situated in the City of Stamford, County of Fairfield and State of Connecticut shown as Lot 2&.2a on
a map entitled "Subdivision Map Prepared for the Scarborough Family Limited Partnership
Depicting Lot 2B-2 Map 13068 S.L.R. Stamford, Connixilcut" which is on file in the Stamford
Town Clerk's office as Map No. 13191,
Said premises are conveyed subject to the effect, if any, of the following;
1. Arty and all restrictions or limitations imposed or to be imposed by any governmental authority,
including, without limitation, enviromnenual protection, building and setback lines, zoning and
planning rules and regulations, inland and tidal wetlands regulations, historic district regulations adld
ordinal= of the municipality and district, itany, in which the premises are situated, as well as any
public or private law.
2. Taxes to the City of Stamford hereinafter due and payable which taxes the Grantee assumes and
agrees to pay as part of the consideration herein.
3, Riparian and littoral rights of others, common law, Or statutory, in and to any river, brook, stream
or other body of water flowing through, situated on, or bordering upon the premises.
4. Any cemeteries or family burying grounds,
.5. Any abandoned highways or roads, ur anyla.nes or driftways located on or crossing said premises.
6. Any telephone or telegraph poles, wires or lines located on or crossing the premises, or rights to
erect and maintain the same.
7. The effect, if any, of a Certificate of
Taking of easements and rights of way in favor of
Northeastern Gas Transmission Company eta! against Helen G. Altschul, dated September 30, 1995
and recorded in Volume 766 at Page 1 of the Stamford Land Records,
8. Rights and easement granted by Helen G. Altschul to Greenwich Water Company by instntment
dated March 14, 1959 and recorded in Volume 872 at Page 166 of the Stamford Land Records.
9. Notice re: rights and authority reserved by Arthur G. Altschul dated December 26, 1985 and
recorded in Volume 2688 at Page 295 in the Stamford Land Records.
10. The effect, if my, of the notes and any easements on Map 1599.9401, 11603, 13065, 13068 and
13193 filed in the Stamford Land Records.
11. Gore or strips, if any, adjoining or abutting the premises.
Book9103/Page14 Page 3 of 4
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Preview
DOCKET NO: FST-CV23-5029306-S SUPERIOR COURT JOHN M. ABRAHAMS M.D. JUDICIAL DISTRICT OF STAMFORD/NORWALK V. AT STAMFORD ALAIN DE LOTBINIERE M.D. FEBRUARY 2,2024 STIPULATION FOR ATTACHMENT AND/OR GARNISHMENT The parties to the above captioned matter hereby stipulate and agree as follows: I. The plaintiff John M. Abrahams M.D. has brought an application for a prejudgment remedy (#100.31), against the defendant Alaine De Lotbiniere M.D., seeking, inter alia, the attachment of the defendant's interest in real property at 365 Riverbank Road, Stamford, Connecticut ("365 Riverbank" or "the Property"), owned by him and Catherine N. De Lotbiniere, which is more particularly described on Schedule A in the attached "Order for Prejudgment Remedy". 2. Without waiving any claims or defenses concerning the subject of the proposed complaint, the parties wish to avoid the expense, resources and risk attendant to the hearing and wish to enter into this Stipulation. 1 The plaintiff's application has been scheduled for a hearing on February 5, 2024. As set forth in this stipulation, the parties agree that the Court may enter an order granting a writ of attachment, to be held in escrow by plaintiff's counsel as set forth herein. 4. The defendant shall not convey his interest in the Property nor encumber it, except pursuant to the terms of this Stipulation. 1 5. The defendant and the co-owner of 365 Riverbank, Catherine N. De Lotbiniere, are currently marketing the Property for sale, and shall continue to market it until sold. In lieu of the Order for Prejudgment Remedy being recorded on the Land Records immediately, provided that the terms of this stipulation are complied with, the parties have agreed that in the event of a sale of the Property, the defendant will place the sum of $325,000.00 in escrow with defendant's attorney at closing, in a solitary interest- bearing bank account opened by defendant's counsel for that purpose, as security for any judgment or settlement of this matter. 6. The defendant shall also notify the plaintiff, through connsel, of all offers received on the proposed sale of the Property, of any offer that is accepted, and shall provide a copy of any binder and contract for sale upon receipt. The defendant shall also provide the plaintiff with a copy of the current listing agreement and any amendments thereto, within 7 business days of amendment. 7. Further, at the time of any proposed closing of the sale, defendant will instruct his real estate attorney to place $325,000.00 of the sales proceeds in a solitary interest-bearing bank account to be opened in the name of defendant's counsel as trustee for the purpose of this Stipulation, which shall be used exclusively as security for any judgment or settlement of this matter. 8. In the event there is not a binding contract for the sale of the Property by October 1, 2024, with a closing no later than December 31, 2024, or if the defendant does not abide by the terms of this Stipulation, the defendant agrees that the plaintiff's counsel may 2 record the writ of attachment, provided that he has given defendant's counsel two weeks notice via email, during which time the defendant may move to vacate same. 9 Further, defendant's counsel shall accept service of the writ summons and complaint in this matter on behalf of the defendant. 10. The parties hereby request that the Court enter this Stipulation as an Order and grant the application for prejudgment remedy. THE PLAINTIFF JOHN M. ABRAHAMS M.D. By: . Cassone, Esq. MEISTER SEELIG & FEIN, PLLC 1 Landmark Square, Suite 200 Stamford, CT 06901 Juris No. 423046 Tel: (203) 348-4244 tinciemsf-law.com THE DEFENDANT ALAIN DE LOTBINIERE M.D. By: Patrick Filan, F. Law Offices o 'atrick Filen 1248 Post Road Fairfield, CT 06824 Juris No. 418411 Tel: (203) 221-8068 pfilan@filan-law.com 3 EXHIBIT A ORDER FOR PREJUDGMENT REMEDY DOCKET NO: FST-CV23-5029306-S SUPERIOR COURT JOHN M. Al3RAHAMS M.D. JUDICIAL DISTRICT OF STAMFORD/NORWALK V. AT STAMFORD ALAIN DE LOTBINIERE M.D. FEBRUARY , 2024 ORDER FOR PREJUDGMENT REMEDY WHEREAS, Application has been made by the plaintiff, JOHN M. ABRAHAMS M.D. for a prejudgment remedy to attach and/or garnish assets, interests and/or property of the defendant ALAIN DE LOTBINIERE M.D.; WHEREAS, in lieu of a hearing on plaintiffs motion, plaintiff and defendant have stipulated that a prejudgment remedy may enter on the terms and conditions contained herein. NOW THEREFORE, it is hereby ORDERED: That, to secure the amount of $325,000.00, the plaintiff is authorized to attached defendant's interest in certain real property know as 365 Riverbank Road, Stamford, Connecticut, and more particularly described in Schedule A, attached hereto. ORDERED, this day of at Stamford, Connecticut. Judge of the Superior Court 6 SCHEPUL A All that certain piece, pared or tract of land, together with the buildings and improvements thereon., situated in the City of Stamford, County of Fairfield and State of Connecticut shown as Lot 2&.2a on a map entitled "Subdivision Map Prepared for the Scarborough Family Limited Partnership Depicting Lot 2B-2 Map 13068 S.L.R. Stamford, Connixilcut" which is on file in the Stamford Town Clerk's office as Map No. 13191, Said premises are conveyed subject to the effect, if any, of the following; 1. Arty and all restrictions or limitations imposed or to be imposed by any governmental authority, including, without limitation, enviromnenual protection, building and setback lines, zoning and planning rules and regulations, inland and tidal wetlands regulations, historic district regulations adld ordinal= of the municipality and district, itany, in which the premises are situated, as well as any public or private law. 2. Taxes to the City of Stamford hereinafter due and payable which taxes the Grantee assumes and agrees to pay as part of the consideration herein. 3, Riparian and littoral rights of others, common law, Or statutory, in and to any river, brook, stream or other body of water flowing through, situated on, or bordering upon the premises. 4. Any cemeteries or family burying grounds, .5. Any abandoned highways or roads, ur anyla.nes or driftways located on or crossing said premises. 6. Any telephone or telegraph poles, wires or lines located on or crossing the premises, or rights to erect and maintain the same. 7. The effect, if any, of a Certificate of Taking of easements and rights of way in favor of Northeastern Gas Transmission Company eta! against Helen G. Altschul, dated September 30, 1995 and recorded in Volume 766 at Page 1 of the Stamford Land Records, 8. Rights and easement granted by Helen G. Altschul to Greenwich Water Company by instntment dated March 14, 1959 and recorded in Volume 872 at Page 166 of the Stamford Land Records. 9. Notice re: rights and authority reserved by Arthur G. Altschul dated December 26, 1985 and recorded in Volume 2688 at Page 295 in the Stamford Land Records. 10. The effect, if my, of the notes and any easements on Map 1599.9401, 11603, 13065, 13068 and 13193 filed in the Stamford Land Records. 11. Gore or strips, if any, adjoining or abutting the premises. Book9103/Page14 Page 3 of 4 7