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FILED: CHENANGO COUNTY CLERK 01/15/2020 09:22 AM INDEX NO. 2019-5472
NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 01/15/2020
STATE OF NEW YORK
SUPREME COURT :COUNTY OF CHENANGO
_________________________________________________ _______
RYAN MORGAN,
Plaintiff,
STIPULATION OF
SETTLEMENT
-vs Index No: 2019 x 5472
R.J.I. No.:
LAURIE MOON,
Defendant.
STIPULATION, made thisdou Î 3 , 20t9, between Ryan Morgan, residing at
"plaintiff"
91 North Main Street, Sherburne, NY 13460 (hereinafter referred to as the and/or
"husband"), and Laurie Moon, residing at 3142 State Highway 80, Sherburne, NY 13460,
"defendant"
(hereinafter referred to as the and/or "wife").
WHEREAS, the Plaintiff, Ryan Morgan and the Defendant, Laurie Moon, own and
possess in fee, as joint tenants with a right of survivorship, real property located in the Town of
Sherburne, County of Chenango and State of New York, which is more particularly described in
A"
"Schedule attached and made a part hereof, and
WHEREAS, the plaintiff has instituted an action for partition against the defendant,
which is now pending in the Supreme Court of New York State, Chenango County, and is
designated by Index No. 2019 x 5472 wherein the plaintiff prays for a judgment for a partition
against the defendant; and
WHEREAS, the parties desire to settle the aforesaid action for partition and all questions
relating thereto, and to settle their property rights and obligations joint ownership of the above
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FILED: CHENANGO COUNTY CLERK 01/15/2020 09:22 AM INDEX NO. 2019-5472
NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 01/15/2020
referenced property.
NOW THEREFORE, in consideration of the mutual promises and agreements herein
contained, the parties hereto agree as follows:
1. The Plaintiff, will retain sole ownership of the subject property.
2. Plaintiff agrees to pay to the Defendant Twenty-Four Thousand Five Hundred
Dollars ($24,500.00) in exchange for her agreement to sign any and all documents necessary to
transfer her interest in the subject property to the Plaintiff.
3. The Parties agree that the following items shall remain with the subject property and
will be the property of the Plaintiff:
Amish Mirror/ Dresser, the hot tub, Mr. Morgan's speakers, Pellet Stove and Pellet Stove
Vacuum; All appliances; the Couch; the treadmill; Television in Living Room; outdoor ottoman;
roller for tractor; Mr. Morgan's tools; the wet/dry vacuum; printer, Mr. Morgan's Father's barrel
table and chair; the foosball table, Mr. Morgan's birth certificate, Mr. Morgan's passport, Mr.
Morgan's nutcracker collection.
4. Date of Exchañge: The Defendant agrees to be out of the property upon the
signing of the transfer documents. Transfer documents shall be executed at a time and place to
be agreed upon by the parties. Plaintiff will provide Defendant with her funds at the time of
transfer.
5. Defendant agrees to be responsible for Fifty percent (50%) of any back taxes. This
amount, if any, shall be subtracted from the Twenty-Four Thousand Five Hundred Dollars
($24,500.00) owed to Defendant in this agreement.
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NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 01/15/2020
6. LEGAL REPRESENTATION: The Defendant hereby acknowledges that James
P. Chamberlain, Esq., has represented her and rendered legal services to her in connection with
the negotiations leading to the settlement of the partition action and the execution of this
Stipulation. The Plaintiff hereby acknowledge that Steven G. Natoli, Esq., has represented him
and rendered legal services to him in connection with the negotiations leading to the settlement
of the partition action and the execution of this Stipulation.
Each party acknowledges that all of the matters embodied in this Stipulation, including
all terms, covenants, conditions, waivers, releases and other provisions contained herein, are
fully understood by him or her; that he or she has given due consideration to all of such matters,
and all facts and circumstances likely to influence his or her judgment with respect thereto; that
this Stipulation is fair,just, reasonable and not unconscionable; that he or she is entering into this
Stipulation freely, voluntarily and with full knowledge and after due consideration of the
consequences of doing so; and that this Stipulation is valid and binding upon him or her.
7. GENERAL PROVISIONS: This Stipulation is entire and complete and embodies
all understandings and agreements between the parties. No representation, warranty, agreement
or undertaking of any kind or nature has been made to either party to induce the making of this
Stipulation, except as is expressly set forth herein. The parties acknowledge that there is no
other agreement, oral or written, existing between them. No oral statement or prior written
matter outside of this Stipulation shall have any force or effect.
This Stipulation shall not be amended, modified, discharged or terminated except by a
writing executed and acknowledged by the party sought to be bound. Any waiver by either
party of any provisions of this Stipulation, or of any right or option hereby, shall not be deemed a
continuing waiver and shall not prevent such party from thereafter insisting upon the strict
performance or enforcement of such provisions, right or option.
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The parties agree that each of them, upon request of the other party or the legal
representatives of the other party, shall execute and deliver such other and further instruments as
may be necessary or desirable for the purpose of giving full force and effect to the provisions of
this Stipulation, without charge therefore.
This Stipulation and all rights and obligations of the parties hereunder shall be construed
according to the laws of the State of New York. Ifany provision of this Stipulation should be
held invalid or unenforceable under the laws of any State, country or other jurisdiction, the
remainder of this Stipulation shall continue in full force and effect.
This Stipulation shall be binding upon the parties hereto, and their respective heirs,
executors, administrators, successors and assigns.
8. ENFORCEMENT OF THIS AGREEMENT: Both parties, in addition to all other
obligations hereunder, agree that should it be necessary for either party to bring any legal
proceedings to enforce any provision of this agreement, the successful party shall be entitled to
reasonable attorney's fees, accountant's fees, and costs and expenses of litigation. In other
words, the successful party shall be entitled to be compensated in full for all expenses associated
attorneys'
with the litigation, including reasonable fees, filing fees and other professional or
incidental expenses.
IN WITNESS WHEREOF, the parties hereto have executed this Stipulation on the date
firstabove written
YA RGAN
LAURIE MOON
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NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 01/15/2020
STATE OF NEW YORK )
w
COUNTY OF CHENANGO ) ss.:
On the l ah day of , 2020, before me, the
y
undersigned, a Notary Public in and for said State, personally appeared Ryan Morgan,
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 and acknowledged to me thathe/she executed
the same in his/her capacity, and that by his/her signature on the instrument, the individual, or
the person upon behalf of which the individual acted, executed the instrument
ERICA J. ANDERSON
Notary
Chenango
Public,Stateof New York
No. 01AN5036839
J g ox - d
County
My Commission ExpiresDec. 12,20ail Notary Pubh
STATE OF NEW YORK )
COUNTY OF CHE ANGO ) ss.÷
On the day of , 2020, before me, the undersigned,
a Notary Public m and for said State pers na ed Laurie Moon, personally known to
me or proved to me on the basis É satisfactory nce to be the individual whose name is
subscribed to the within instrument and acknowledged'to me that he/she executed the same in
his/her capacity, and that by his/her signature on the instrument, the individual, or tile erson
upon behalf of which the individual acted, executed the instrument.
Notary Public
PATRICIA M. CHASE
State of New York
Notary Public,
In chenago
Qualified Co. #01CH6123762
commissionExpires March 14, 20
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Preview
FILED: CHENANGO COUNTY CLERK 01/15/2020 09:22 AM INDEX NO. 2019-5472 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 01/15/2020 STATE OF NEW YORK SUPREME COURT :COUNTY OF CHENANGO _________________________________________________ _______ RYAN MORGAN, Plaintiff, STIPULATION OF SETTLEMENT -vs Index No: 2019 x 5472 R.J.I. No.: LAURIE MOON, Defendant. STIPULATION, made thisdou Î 3 , 20t9, between Ryan Morgan, residing at "plaintiff" 91 North Main Street, Sherburne, NY 13460 (hereinafter referred to as the and/or "husband"), and Laurie Moon, residing at 3142 State Highway 80, Sherburne, NY 13460, "defendant" (hereinafter referred to as the and/or "wife"). WHEREAS, the Plaintiff, Ryan Morgan and the Defendant, Laurie Moon, own and possess in fee, as joint tenants with a right of survivorship, real property located in the Town of Sherburne, County of Chenango and State of New York, which is more particularly described in A" "Schedule attached and made a part hereof, and WHEREAS, the plaintiff has instituted an action for partition against the defendant, which is now pending in the Supreme Court of New York State, Chenango County, and is designated by Index No. 2019 x 5472 wherein the plaintiff prays for a judgment for a partition against the defendant; and WHEREAS, the parties desire to settle the aforesaid action for partition and all questions relating thereto, and to settle their property rights and obligations joint ownership of the above NATOLI & NATOLI, LLP * 26 Conkey Avenue Norwich, New York 13815 (607)336-8200 Page 1 of 5 1 of 5 FILED: CHENANGO COUNTY CLERK 01/15/2020 09:22 AM INDEX NO. 2019-5472 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 01/15/2020 referenced property. NOW THEREFORE, in consideration of the mutual promises and agreements herein contained, the parties hereto agree as follows: 1. The Plaintiff, will retain sole ownership of the subject property. 2. Plaintiff agrees to pay to the Defendant Twenty-Four Thousand Five Hundred Dollars ($24,500.00) in exchange for her agreement to sign any and all documents necessary to transfer her interest in the subject property to the Plaintiff. 3. The Parties agree that the following items shall remain with the subject property and will be the property of the Plaintiff: Amish Mirror/ Dresser, the hot tub, Mr. Morgan's speakers, Pellet Stove and Pellet Stove Vacuum; All appliances; the Couch; the treadmill; Television in Living Room; outdoor ottoman; roller for tractor; Mr. Morgan's tools; the wet/dry vacuum; printer, Mr. Morgan's Father's barrel table and chair; the foosball table, Mr. Morgan's birth certificate, Mr. Morgan's passport, Mr. Morgan's nutcracker collection. 4. Date of Exchañge: The Defendant agrees to be out of the property upon the signing of the transfer documents. Transfer documents shall be executed at a time and place to be agreed upon by the parties. Plaintiff will provide Defendant with her funds at the time of transfer. 5. Defendant agrees to be responsible for Fifty percent (50%) of any back taxes. This amount, if any, shall be subtracted from the Twenty-Four Thousand Five Hundred Dollars ($24,500.00) owed to Defendant in this agreement. NATOLI & NATOLI, LLP * 26 Conkey Avenue Norwich, New York 13815 (607)336-8200 Page 2 of 5 2 of 5 FILED: CHENANGO COUNTY CLERK 01/15/2020 09:22 AM INDEX NO. 2019-5472 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 01/15/2020 6. LEGAL REPRESENTATION: The Defendant hereby acknowledges that James P. Chamberlain, Esq., has represented her and rendered legal services to her in connection with the negotiations leading to the settlement of the partition action and the execution of this Stipulation. The Plaintiff hereby acknowledge that Steven G. Natoli, Esq., has represented him and rendered legal services to him in connection with the negotiations leading to the settlement of the partition action and the execution of this Stipulation. Each party acknowledges that all of the matters embodied in this Stipulation, including all terms, covenants, conditions, waivers, releases and other provisions contained herein, are fully understood by him or her; that he or she has given due consideration to all of such matters, and all facts and circumstances likely to influence his or her judgment with respect thereto; that this Stipulation is fair,just, reasonable and not unconscionable; that he or she is entering into this Stipulation freely, voluntarily and with full knowledge and after due consideration of the consequences of doing so; and that this Stipulation is valid and binding upon him or her. 7. GENERAL PROVISIONS: This Stipulation is entire and complete and embodies all understandings and agreements between the parties. No representation, warranty, agreement or undertaking of any kind or nature has been made to either party to induce the making of this Stipulation, except as is expressly set forth herein. The parties acknowledge that there is no other agreement, oral or written, existing between them. No oral statement or prior written matter outside of this Stipulation shall have any force or effect. This Stipulation shall not be amended, modified, discharged or terminated except by a writing executed and acknowledged by the party sought to be bound. Any waiver by either party of any provisions of this Stipulation, or of any right or option hereby, shall not be deemed a continuing waiver and shall not prevent such party from thereafter insisting upon the strict performance or enforcement of such provisions, right or option. NATOLI & NATOLI, LLP * 26 Conkey Avenue Norwich, New York 13815 (607)336-8200 Page 3 of5 3 of 5 FILED: CHENANGO COUNTY CLERK 01/15/2020 09:22 AM INDEX NO. 2019-5472 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 01/15/2020 The parties agree that each of them, upon request of the other party or the legal representatives of the other party, shall execute and deliver such other and further instruments as may be necessary or desirable for the purpose of giving full force and effect to the provisions of this Stipulation, without charge therefore. This Stipulation and all rights and obligations of the parties hereunder shall be construed according to the laws of the State of New York. Ifany provision of this Stipulation should be held invalid or unenforceable under the laws of any State, country or other jurisdiction, the remainder of this Stipulation shall continue in full force and effect. This Stipulation shall be binding upon the parties hereto, and their respective heirs, executors, administrators, successors and assigns. 8. ENFORCEMENT OF THIS AGREEMENT: Both parties, in addition to all other obligations hereunder, agree that should it be necessary for either party to bring any legal proceedings to enforce any provision of this agreement, the successful party shall be entitled to reasonable attorney's fees, accountant's fees, and costs and expenses of litigation. In other words, the successful party shall be entitled to be compensated in full for all expenses associated attorneys' with the litigation, including reasonable fees, filing fees and other professional or incidental expenses. IN WITNESS WHEREOF, the parties hereto have executed this Stipulation on the date firstabove written YA RGAN LAURIE MOON NATOLI & NATOLI, LLP * 26 Conkey Avenue Norwich, New York 13815 (607)336-8200 Page 4 of 5 4 of 5 FILED: CHENANGO COUNTY CLERK 01/15/2020 09:22 AM INDEX NO. 2019-5472 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 01/15/2020 STATE OF NEW YORK ) w COUNTY OF CHENANGO ) ss.: On the l ah day of , 2020, before me, the y undersigned, a Notary Public in and for said State, personally appeared Ryan Morgan, 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 and acknowledged to me thathe/she executed the same in his/her capacity, and that by his/her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument ERICA J. ANDERSON Notary Chenango Public,Stateof New York No. 01AN5036839 J g ox - d County My Commission ExpiresDec. 12,20ail Notary Pubh STATE OF NEW YORK ) COUNTY OF CHE ANGO ) ss.÷ On the day of , 2020, before me, the undersigned, a Notary Public m and for said State pers na ed Laurie Moon, personally known to me or proved to me on the basis É satisfactory nce to be the individual whose name is subscribed to the within instrument and acknowledged'to me that he/she executed the same in his/her capacity, and that by his/her signature on the instrument, the individual, or tile erson upon behalf of which the individual acted, executed the instrument. Notary Public PATRICIA M. CHASE State of New York Notary Public, In chenago Qualified Co. #01CH6123762 commissionExpires March 14, 20 NATOLI & NATOLI, LLP * 26 Conkey Avenue Norwich, New York 13815 (607)336-8200 Page 5 of 5 5 of 5