Stipulation,Agreement: Commissioners Of The State Insurance Fund v. Rudy Rodriguez Racing Stables Inc.

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                                INDEX     NO.   450161/2014
FILED:      NEW         YORK       COUNTY          CLERK        04/07/2014
NYSCEF   DOC.    NO.    5                                                                                      RECEIVED     NYSCEF:     04/07/2014




                SUPREME COURT OF THE STATE OF NEW YORK
                COUNTY OF NEW YORK
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                COMMISSIONERS OF THE STATE
                INSURANCE FUND,                                                                      Index No.: 450161/14

                                                               Plaintiff,                            STIPULATION OF
                                                                                                     SETTLEMENT
                                  -against-
                                                                                                     Policy No.: 20929303
                RUDY RODRIGUEZ RACING STABLES INC.,

                                                               Defendant.
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                This Stipulation of Settlement is made by and between the Commissioners of the State Insurance
                Fund (“Plaintiff” or “SIF”) and Rudy Rodriguez Racing Stables Inc. (“Rodriguez”).


                         The above action is hereby settled in full for the sum of $83,327.32, which the defendants
                         agrees to pay as follows:


                                  Rodriguez will make monthly payments of $3,471.97 commencing May 1,
                                  2014 and continuing on or before the Ist day of each consecutive month
                                  until the balance is paid in full.


                        Rodriguez shall make the check or money order payable to the State Insurance Fund and
                        send it to the following address: State Insurance Fund ¢/o Michael Totaro, 199 Church
                        Street, 14th Floor, New York, NY 10007.               Returned payments constitute a default and
                        must be cured by certified or bank check.             In such an event, an additional $20.00 must be
                        paid to reimburse the plaintiff for the returned check fee. No invoices will be sent. It is
                        the sole responsibility of Rodriguez to make timely payments.


                        In the event of a default in payment, the plaintiff is authorized to enter judgment               in favor
                       of the plaintiff and against the defendant, only if such default continues after ten days
                        notice provided by regular mail to Rodriguez at the address listed below, for the full
                        amount alleged in the complaint, less any sums paid on the account. The ten days shall
commence from the time the letter is mailed to defendant.      Any waiver of delay in the
exercise of any of plaintiff's rights and remedies as to any event of default hereunder
shall not be deemed a waiver of any such rights or remedies as to any subsequent event of
default.


Plaintiff hereby reserves and retains its rights pursuant to Section 93 (b) and (c) of the
 Workers’ Compensation Law of the State of New York. Therefore, until the entire
amount due is paid in full, Rodriguez nor any of its owners or officers may apply for or
receive a new policy of insurance from the State Insurance Fund.


Upon receipt of the final payment, the plaintiff will file a Notice of Discontinuance in the
above matter action.


The officer by executing below acknowledges that he/she has the authority to bind the
corporation.


This stipulation may not be changed by oral agreement.      The stipulation may only be
revised by written agreement executed by the parties or their respective counsel.
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