Request for Judgment in Sunbelt Rentals, Inc. v. Bank Of America, N.A., As Administrator Of The Estate Of Vladimir Blaskovic| Trellis.Law

On September 17, 2015 a Judgment was filed involving a dispute between Sunbelt Rentals, Inc., and Bank Of America, N.A., As Administrator Of The Estate Of Vladimir Blaskovic, for Commercial Division in the District Court of Queens County.

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FLED &RECORDED
AUG' 1 4 2017
couury CiakC
QUEENS COW)/
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS

SUNBELT RENTALS, INC.,
Index No. 709738/2015
Plaintiff,

-against-
JUDGMENT BY CONFESSION
BANK OF AMERICA, NA., as Administrator of the
ESTATE OF VLADIMIR BLASKOVIC,

Defendant.

Plaintiff, Sunbelt Rentals, Inc. ("Sunbelt"), having commenced this action seeking a

money judgment against defendant, Bank of America, N.A., as Administrator of the Estate of

Vladimir Blaskovic, Deceased (the "Estate"); and Sunbelt and the Estate having agreed upon a

voluntary settlement of the claims • asserted by Sunbelt against the Estate in this action, which

settlement provides for, among other things, entry of judgment by consent in favor of Sunbelt

and against the Estate in the. amount of Sixty-Five Thousand Dollars and No Cents ($65,000.00),

in accordance with and subject to the terms of the parties' Settlement Agreement;

IT IS HEREBY ADJUDGED that plaintiff, Sunbelt Rentals, Inc., with a place of

business at 2341 Deerfield Drive, Fort Mill, South Carolina has judgement against defendant,

Bank of America, N.A., as Administrator of the Estate of Vladimir Blaskovic, with a place of

business at 114 West 47th Street, New York, New York, in the amount of $65,000.00.

ENTER:

Dated: Jamaica, New York

1 ((lV%r(151 7Z7( 20( 7

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SUPREME COURT OF TIIE STATE OF NEW YORK
COUNTY OF QUEENS

SUNBELT RENTALS, INC., Index No. 709738/2015
Plaintiff,

-against- AFFIDAVIT OF
CONFESSION OF
BANK OF AMERICA, N.A., as Administrator of the
JUDGMENT
ESTATE OF VLADIMIR TIEASKOVIC,

Defendant.

STATEOFCONNECT1CUT
) ss., k•-)Q ,2“, 45-"-4
COUNTY OF NEW HAVEN

Keith A. Janssen, being duly sworn, deposes and says:

1. - I am a Senior . Vice President of U.S. Trust, Bank of America Private Wealth

Management (thc "Bank"), the Administrator eta. of the Estate of Vladimir Blaskovie, De-

ceased (the "Estate"). Vladimir Blaskovic's Last Will and Testament was admitted to probate by

decree of the New York State Surrogate's Court, Queens County (the "Surrogate's Court"), dat-

ed May 15, 2012, and the Estate is currently being administered by and is subject to the jurisdic-

tion of that court.. The Surrogate's Court's May 15, 2012 decree also appointed the Bank as

Achninistrotor e.t.a, of the Estate. i am lify authorized to make this affidavit of confession of

judgment on behalf of the Estate.

2, The Estate ho by confesse judgment herein and authorizes the entry of judg-

ment in the Supreme Court against t Estate in favor of plaintiff Sunbelt Rentals Inc. ("Sun-

belt") in the amount of $65,000.0 This Affidavit of Confession of Judgment and the judgment

authorized by it are made in accordance with and are governed by the terms of a Settlement

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Agreement, dated October, 2016, entered into by and between the Estate and Sunbelt (the

"Settlement Agreement"). A copy of the Settlement Agreement is annexed hereto as Exhibit A

and incorporated herein by reference.

Vladimir Blaskovic executed an unconditional Individual Personal Guaranty, dat-

ed May 18, 2007. (t11e "Personal Guaranty"), guarantying payment to Sunbelt of all indebtedness,

obligations and liabilities of A-Val Architectural Metal Corp. ("A-Val") in consideration for

Sunbelt agreeing to furnish rental equipment, supplies and services to A-Val.

Sunbelt and A-Val entered into various equipment rental agreements that were

subject to the Personal Guaranty and pursuant to which Sunbelt furnished certain rental equip-

ment, supplies and. services to A-Val in connection with various construction projects (the

"Rental Agreements").

A-Val failed to perform some or all of its payment obligations under the Rental

Agreements and, as a result, Sunbelt claims there is an unpaid balance of $108,521.32, plus in-

terest, costs .and expenses, including reasonable attorneys' fees, due and owing for the rental

equipment, supplies and services furnished pursuant to the Rental Agreements

On September 17, 2015, Sunbelt commenced an action in the Supreme Court of

the State of New York, Queens County, entitled Sunbelt Rentals, Inc. v. Bank of America, N.A.,

as Administrator of the Estate of Vladimir Blaskovic., Index No. 709738-2015 (the "State Court

Action") seeking recovery against the Estate of amounts Sunbelt claims to be due from the Estate

pursuant to the Personal Guaranty.

7 Sunbelt and the Estate have entered into the Settlement Agreement to resolve vol-

untarily and permanently-all claims asserted or which could have been asserted by either of them

against the other arising out of or related to the Rental Agreements and the Personal Guaranty.

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The Settlement Agreement provides for, among other things, the Estate's delivery to Sunbelt of a

consent judgment in the amount of $65,000.00, which is subject to restrictions upon its execution,

in accordance with EPTL Section 11-4.6.

This affidavit may be filed nd judgment by confession en ed hereon against

the Estate in a sum not to exceed $65,000.00, if it is accompanied b an affidavit of an officer of

Sunbelt or its attorney attesting that the Surrogate's Court has entered a final and nonappealable

decree granting the Bank's petition in that court for approval of the compromise provided for in

the Settletnent Agreement.

This affidavit is made pursuant to CPLR Section 3218. This confession of judg-

ment is not made in connection with an installment loan within the meaning of CPLR Section

3201.

Keith A. Jansse

Sworn to before me this 1±
da of October 2016

Notary Public

CAROL B FOWLER
Notary Public, State of Connecticut
My Commission EY0i1C3 July 31, 2017

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EXHIBIT A

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SETTLEMENT AGREEMENT

This agreement (the "Agreement") is made as of this 31st day of October, 2016, by and

between Bank of America, N.A. (the "Bank"), as Administrator eta of the Estate of Vladimir

Blaskovic, Deceased (the "Estate") and Sunbelt Rentals, 'inc. ("Sunbelt"). (The Estate and Sun-

belt are collectively referred to herein as the "Parties.")

WHEREAS, Vladimir Blaskovic executed an unconditional Individual Personal Guaran-

ty, dated May 18, 2007 (the "Personal Guaranty"), guarantying payment to Sunbelt of all indebt-

edness, obligations and liabilities of A-Val Architectural Metal Corp. ("A-Val") in consideration

for Sunbelt agreeing to furnish rental equipment, supplies and services to A-Val;

WHEREAS, Sunbelt and A-Val entered into various equipment rental agreements that

were subject to the Personal Guaranty and pursuant to which Sunbelt furnished certain rental

equipment, sup/plies and services to A-Val in connection with various construction projects (the

"Rental Agreements");

WHEREAS, A-Val failed to perform some or all of its payment obligations under the

Rental Agreements and, as a result, Sunbelt claims there is an unpaid balance of $108,521.32,

plus interest, costs and expenses, including reasonable attorneys' fees, due and owing for the

rental equipment, supplies and services furnished pursuant to the Rental Agreements.

WHEREAS, Vladimir Blaskovic's Last Will and Testament was admitted to probate by

decree of the New York State Surrogate's Court, Queens County (the "Surrogate's Court"), and

the Estate is currently being administered by and is subject to the jurisdiction of that court;

WHEREAS, the Bank was appointed Administrator e.t.a. of the Estate by decree of the

Surrogate's Court dated May 15,2012;

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WHEREAS, on May 27,2015, A-Val and A-Val Architectural Metal Ill LLC each filed a

voluntary petition for relief in the United States Bankruptcy Court for the Southern District of

New York under chapter 7 of title 11 of the United States Code (collectively, the "A-Val Bank-

ruptcy Proceedings");

WHEREAS, on September 17, 201,5, Sunbelt commenced an action in the Supreme Court

of the State of New York, Queens County, entitled Sunbelt Rentals, Inc. V. Bank of America,

NA., as Administrator of the Estate of Vladimir Blaskovic., Index No. 709738-2015 (the "Ac-

tion") seeking recovery against the Estate of amounts it claims to be due from the Estate pursuant

to the Personal Guaranty;

WHEREAS, by notice of motion dated November 9, 2015, the Bank, as Administrator of

the Estate, moved to dismiss the Action or, in the alternative, to remove it to the Surrogate's

Court, Queens County, and no decision has been rendered by the Court on the Bank's motion;

WHEREAS, by stipulation and order dated September 28, 2016, the parties agreed that

(a) the Bank, as administrator of the Estate, would withdraw its motion to dismiss or to remove

the Action, without prejudice, and (b) the Action is settled, subject to the approval of the Surro-

gate's Court, and may be restored by either party on written notice in the event the Surrogate's

Court fails to approve the settlement;

WHEREAS, the Parties have agreed to resolve voluntarily and permanently all claims

asserted or which could have been asserted by either of them against the other arising out of or

related to the Rental Agreements and the Personal Guaranty (the "Settled Claims"), on the terms

and conditions set forth in this Agreement;

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NOW, THEREFORE, in consideration of the promises, representations, warranties and

covenants contained herein, and intending to be legally bound thereby, the Parties agree as fol-

lows:

1. Consent Judgment. The Estate has prepared and executed a consent judgment in

the Action (in the form annexed hereto as Exhibit A) (the "Consent Judgment") in the amount of

Sixty-Five Thousand Dollars and No Cents ($65,000.00) (the "Settlement Amount"), in full and

complete satisfaction of the Settled Claims.

Counsel for the Estate shall hold the Consent Judgment in escrow pending

the "Effective Date" (as that term is defined in Paragraph 3, below).

On or as soon as immediately practical (but in no event more than 5 days)

after the Effective Date, Counsel for the Estate shall file the Consent Judgment in the Ac-

tion, and the Consent Judgment shall become an allowed claim against the Estate pursu-

ant to SCPA § 1807.

2. Dismissal, Sunbelt has prepared and the Parties have executed a stipulation dis-

missing and discontinuing the Action, with prejudice (the "Stipulation").

a. Counsel for Sunbelt shall hold the Stipulation in escrow, pending receipt

of the Settlement Amount.

b. Upon receipt of the SettlementAmount, counsel for Sunbelt Shall (i) file

the Stipulation in the Action, and (ii) deliver to counsel for the Estate a satisfaction of

Consent Judgment, in full, which counsel for the Estate may tile without further notice to

Sunbelt.

3. Surrogates Colo.; Approval. Within 14 days following the execution of this

Agreed-lent, the Bank will submit a petition in the Surrogate's Court pursuant to SCPA § 1813(1)

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for authorization to compromise Sunbelt's claims against the Estate in the manner provided in

this Agreement. Subject to the provisions of Paragraph 4, below, upon entry of a final and non-

appealable decree by the Surrogate's Court granting the Bank's petition (the "Effective Date"),

Counsel for the Estate shall file the Consent Judgment in the Action. Sunbelt acknowledges that

it y not execute upon the Consent Judgment except as permitted by EMT § 11-4.6.

4. Conditions of Settlement. In the event that the Surrogate's Court fails to enter a

decree approving the compromise provided for in this Agreement substantially in the form sub-

mitted (or in a modified form that is acceptable to the Parties) within 180 days of the Estate's

application for same, then Sunbelt shall have option to either extend such time by an additional

ISO day period (or such other period agreed to by the Parties in writing) or terminate this

Agreement by written notice to the Estate. If this Agreernent is terminated by Sunbelt, this

Agreement shall have no further force and effect and neither it nor any of the provisions set forth

herein shall be used in the Action or in any otherforum or proceeding for any purpose. If either

Party determines that the form of the decree issued by the Surrogate's Court granting the Bank's

petition for approval of the compromise is not acceptable, that Party shall provide written notice

of same to all other interested parties within five business days following receipt of issuance of

the decree.

5. Releases as to the *Settled Claims.

a. By Sunbelt. Effective as of the Effective Date, and excluding only the

Consent Judgment and the Settlement Amount, Sunbelt and each of its affiliates, officers,

directors, agents and assigns (collectively, the "Sunbelt Releasors"), hereby fully, com-

pletely and' forever release, discharge and hold harmless the Estate, the Estate's benefi-

ciaries, and the Bank, and each of thei.r respective current, former and future parents, sub-

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sid aries and affiliates, and each of their respective current, former and future officers, di-

rectors, shareholders, owners, partners, principals, members, investors, joint venturers,

trustees, insurers, employees, agents and. attorneys, and each of their respective predeces-

sors, successors, assigns, heirs, family members, executors, legal and personal representa-

tives and agents (each, an "Estate Released Party" and, collectively, the "Estate Released

Parties"), of and from any and all claims, debts, accounts, covenants, agreements, costs,

expenses, rights, duties, obligations, demands; actions, judgments, liens, damages, losses,

suits and/or causes of action, of whatever kind and nature, whether known or unknown,

foreseen or unforeseen, without limitation and in whatever capacity and whether or not in

Law, equity or otherwise, that the Sunbelt Releasors have, had, or may hereafter have

against any of the Estate Released Parties arising from the rental equipment, supplies and

services furnished to A-Val, the Rental Agreements and the Personal Guaranty (collec-

tively, the "Sunbelt Released Claims").

b. By the Estate. Effective as of the Effective Date, the Estate hereby fully,

completely and forever releases, discharges and holds harmless the Sunbelt Releasors, of

and from any and all claims, debts, accounts, covenants, agreements, costs, expenses,

rights; duties, obligations, demands, actions, judgments, liens, damages, losses, suits

and/or causes of action, of whatever kind and nature, whether known or unknown, fore-

seen, or unforeseen, without limitation and in whatever capacity and whether or not in

law; equity or otherwise, that the Estate has, had, or may hereafter have against any of the

Sunbelt Releasors arising from the Personal Guaranty (collectively, the "Estate Released

Claims").

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6. Covenant Not to Sue,. Indemnification.

Sunbelt Releasors' Covenant. Upon receipt of the Settlement Amount,

Sunbelt Releasors will not initiate against any Estate Released Party any legal, equitable

or arbitration proceeding of any nature based on any Sunbelt Released Claims. Effective

upon the Effective Date, Sunbelt Releasors, for themselves and their heirs, assigns, suc-

cessors, representatives, executors and administrators, agree to indemnify and hold harm-

less any Estate Released Party against any loss or damage, including without limitation

attorneys' fees, in the event any Sunbelt Releasor asserts any Released Claim against

such Estate Released Party.

Estate Released Parties' Covenant. Effective upon the dismissal of the

Action, with prejudice, the Estate will not initiate against any Sunbelt Releasor any legal,

equitable or arbitration proceeding of any nature based on any Estate Released Claims.

Effective upon the dismissal of the Action, with prejudice, the Estate, for itself and its

heirs, assigns, successors, representatives, executors and administrators, agrees to indem-

nify and hold harmless any Sunbelt Releasor against any loss or damage, including with-

out limitation attorneys' fees, in the event any Estate Released Party asserts any Estate

Released Claim against such Sunbelt Releasor.

7. Severabil ay/I/Vetiver/Construction. Should any provision of this Agreement be de-

termined by any court or other tribunal to be illegal or invalid, the validity of the remaining parts,

terms or provisions shall not be affected thereby. The failure of any party to insist upon the per-

formance of any of the terms in this Agreement, or the failure to prosecute any breach of any of

the terms, shall not be construed thereafter as a waiver of any such terms or conditions. This en-

tire Agreement shall remain in full force and effect as if no such forbearance or failure of per-

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formance had occurred. The language of all parts of this Agreement shall in all cases be con-

strued as a whole, according to its fair meaning, and not strictly for or against any of the parties,

and no inferences or presumptions. shall exist as to the drafting of this Agreement.

Representations and Warranties. Each of the Parties represents and warrants to

the other Party that (a) such Party has the requisite power and authority to enter into this Agree-

ment and to carry out its obligations hereunder; (b) the execution and delivery of this Agreement

have been duly authorized by all necessary corporate actions on the part of such Party; and (c)

this Agreement constitutes a valid and binding obligation of such Party, enforceable against such

Party in accordance with its terms.

Entire Agreement and Amendment of Agreement; No External Reliance. This

Agreement constitutes the entire agreement among the Parties, and this Agreement supersedes

any and all prior agreements among the Parties with respect to the matters set forth herein. This

Agreement may not be changed orally. Each Party acknowledges that it did not execute this

Agreement in reliance on any statement of the other Party not expressly set forth herein.

Applicable Law: Dispute Resolution; Venue. This Agreement shall be interpreted,

enforced and governed by the laws of the State of New York, without giving effect to the conflict

of laws principles thereof If any dispute arises out of the construction or performance of this

Agreement, the Parties agree to participate in good faith in an effort 10 resolve the dispute prior

to filing any legal proceeding or - seeking any judicial or arbitral relief. In the event the dispute is

not resolved as a result of the Parties' discussions, any proceeding to enforce this Agreement

shall be brought only in the Supreme Court of the State of New York, Queens County.

Counterparts. This Agreement may be executed in counterparts or in duplicate,

each of which shall be deemed to be an original but all of which together shall constitute one

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agreement., Facsiñiile or other electronically copied and delivered signatures (such as by email) -

shall be deemed originals.

1.2. Advice of Counsel; Voluntary Execution. In executing this .Agreement, he Parties

acknowledge that they consulted with and had the advice of counsel or an attorney duly admitted

to practice in the State of New York-and that the Parties execute this Agreement after independ-

ent investigation and without fraud, duress, or undue influence.

13. No Assignments. The Parties represent and warrant that they have not voluntarily

or involuntarily assigned or otherwise transferred or subrogated any interest in any Released

Claims or any other matter released or waived under this Agreement and agree to indemnify and

hold each other harmless from any liabilities, losses, claims, demands, costs, expenses, or attor-

neys' fees incurred by them as a result of any person or entity, including, but not limited to, un-

derwriters, insurance carriers or trustees in bankruptcy asserting such assignment or transfer.

No Admission of Liability. This Agreement pertains to disputed claims and is the

result of compromise. As such, it does not constitute and shall not be deemed as an admission of

liability or.of any fact by the Parties.

Notices. All notices or other communications under this Agreement shall be in

writing and deemed to be duly delivered if delivered in person or by overnight mail, with a copy

of such notice or communication also sent via electronic mail, If to Sunbelt, such notice or

communication shall be delivered to:

Catherine Hargis
Corporate Collections Manager
Sunbelt Rentals, Inc.
1004 Hickory Hill Lane, Unit 1
Hermitage, TN 37076

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With a copy to: Joseph P. Asselta, Esq.
Forchelli, Curto, Deegan, Schwartz, Mine° & Terrana, LLP
333 Earle Ovington Blvd., Suite 1010
Uniondale, Ny11553
jasselta@forchellilaw.com

If to the Estate and the Bank, such notice or communication shall be delivered to: •

Keith A. Janssen CTFA
Senior Vice President .
Estate Settlethent Services
U.S. Trust, Bank of America Private Wealth Management
157 Church Street, 26th Floor
r• • New Haven, CT 06510
keith.a.janssen a ustrust.com

With a copy to: Peter C. Neger, Esq.
Morgan, Lewis & Bockius LLP
101 Park Avenue
New York, NY 10178-0060
petermeger@morganlewis.com

16. Successors. The provisions of this Agreement shall be deemed to obligate, extend

to, and inure to the benefit of the Parties, their heirs, successors, assigns, transferees, grantees,

and indemnitces.

Interpretation. Wherever the context so requires, the singular number shall in-

clude the plural; the plural shall include the singular; and the masculine gender shall include the

feminine and neuter genders.

Captions. The captions by which the sections and subsections of this Agreement

are identified are for convenience only and shall have no effect whatsoever upon its interpreta-

tion.

Further Assurances. The Parties agree to cooperate with each other and to take

such further actions as may be necessary to effectuate the purposes of this Agreement.

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Case Info

Judge

Marguerite A Grays Track Judge’s New Case

Case No.

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Document Filed Date

August 14, 2017

Case Filing Date

September 17, 2015

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Judgment: Sunbelt Rentals, Inc. v. Bank Of America, N.A., As Administrator Of The Estate Of Vladimir Blaskovic

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