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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
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:
SOTHEBY’S INTERNATIONAL REALTY, INC., : Index No. 651414/2019
:
Plaintiff, :
:
-against- : STIPULATION
:
41-45 PROPERTY OWNER, LLC, :
:
Defendant. :
:
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WHEREAS plaintiff Sotheby’s International Realty, Inc. (“Plaintiff”) filed this
action on March 8, 2019 (Doc. No. 1);
WHEREAS Plaintiff filed an Amended Complaint in this action on April 19, 2019
(Doc. No. 3);
WHEREAS defendant 41-45 Property Owner, LLC (“Defendant”) filed an Answer
to the Amended Complaint in this action on June 3, 2019 (Doc. No. 5);
WHEREAS the dispute in this action relates to Plaintiff’s claim for a brokerage
commission relating to the sale of an apartment unit by a particular individual, or an entity that the
individual owns and/or controls (the “Buyer”) at Defendant’s development project (the
“Development”);
WHEREAS discovery in this action will relate, in part, to the Buyer’s purchase of
an apartment unit at the Development;
WHEREAS Defendant has represented to Plaintiff that the Buyer has not yet
closed on a contract for the purchase of an apartment unit at the Development;
WHEREAS the Court scheduled a preliminary conference in this matter for August
9, 2019;
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WHEREAS the undersigned attorneys for the respective parties hereto met-and-
conferred and agreed that in an effort to conserve the Court’s and the parties’ time and resources
this matter should be stayed pending the purchase by the Buyer of an apartment unit at the
Development;
WHEREAS on August 6, 2019, the parties requested a stay of the action by way
of a joint Stipulation (Doc. No. 8 & 9), which provided in part that “if the Buyer and Defendant
do not close the contract for the purchase of an apartment at the Development within ninety (90)
days of the entry of this stipulation, the parties shall so notify the Court and either request an
additional stay, or request that the Court schedule the preliminary conference and commence with
discovery.” The Court “so ordered” that Stipulation. (Doc. No. 10);
WHEREAS on November 1, 2019, Plaintiff requested that Defendant provide it
with an update with respect to the status of the matter and on November 6, 2019, Defendant advised
Plaintiff that the status remained the same;
WHEREAS on November 7, 2019, the parties requested a further stay of the action
by way of a joint Stipulation (Doc. No. 11 & 12) with the same provisions as the prior Stipulation.
The Court “so ordered” that Stipulation on December 10, 2010. (Doc No. 13);
WHEREAS on March 2, 2020, Plaintiff requested that Defendant provide it with
an update with respect to the status of the matter and on March 4, 2020, Defendant advised Plaintiff
that the status remained the same;
WHEREAS on March 11, 2020, the parties requested a further stay of the action
by way of a joint Stipulation (Doc No. 14) with the same provisions as the prior Stipulations. The
Court “so ordered” that Stipulation on March 12, 2020 (Doc No. 15); and
2
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WHEREAS on June 9, 2020, Plaintiff requested that Defendant provide it with an
update with respect to the status of the matter and Defendant advised Plaintiff that the status
remained the same.
Therefore:
IT IS STIPULATED AND AGREED that Defendant shall notify Plaintiff that a
contract for the purchase of an apartment by the Buyer at the Development has closed within ten
(10) days of such closing, and following that notification, the parties shall notify the Court and
either request an additional stay, or request that the Court schedule the preliminary conference and
commence with discovery; and
IT IS FURTHER STIPULATED AND AGREED that if the Buyer and
Defendant do not close a contract for the purchase of an apartment at the Development within
ninety (90) days of the entry of this stipulation, the parties shall so notify the Court and either
request an additional stay, or request that the Court schedule the preliminary conference and
commence with discovery; and
IT IS FURTHER STIPULATED AND AGREED that this Stipulation may be
signed in counterparts by facsimile or electronic signature, and that such facsimile or electronic
signature shall be deemed an original signature for purposes of this Stipulation.
Dated: New York, New York
June 11, 2020
3
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KELLEY DRYE & WARREN LLP HERRICK, FEINSTEIN LLP
By: __________________________________
Geoffrey W. Castello Scott E. Mollen
Jaclyn M. Metzinger Darlene Fairman
101 Park Avenue 2 Park Avenue
New York, New York 10178 New York, New York 10016
(212) 808-7800 (212) 592-1400
Attorneys for Plaintiff Attorneys for Defendants
Sotheby’s International Realty, Inc. 41-45 Property Owner, LLC
SO ORDERED:
Jennifer Schecter, J.S.C.
4
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Preview
SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK -------------------------------------------------------------------- x : SOTHEBY’S INTERNATIONAL REALTY, INC., : Index No. 651414/2019 : Plaintiff, : : -against- : STIPULATION : 41-45 PROPERTY OWNER, LLC, : : Defendant. : : -------------------------------------------------------------------- x WHEREAS plaintiff Sotheby’s International Realty, Inc. (“Plaintiff”) filed this action on March 8, 2019 (Doc. No. 1); WHEREAS Plaintiff filed an Amended Complaint in this action on April 19, 2019 (Doc. No. 3); WHEREAS defendant 41-45 Property Owner, LLC (“Defendant”) filed an Answer to the Amended Complaint in this action on June 3, 2019 (Doc. No. 5); WHEREAS the dispute in this action relates to Plaintiff’s claim for a brokerage commission relating to the sale of an apartment unit by a particular individual, or an entity that the individual owns and/or controls (the “Buyer”) at Defendant’s development project (the “Development”); WHEREAS discovery in this action will relate, in part, to the Buyer’s purchase of an apartment unit at the Development; WHEREAS Defendant has represented to Plaintiff that the Buyer has not yet closed on a contract for the purchase of an apartment unit at the Development; WHEREAS the Court scheduled a preliminary conference in this matter for August 9, 2019; Error! Unknown document property name. WHEREAS the undersigned attorneys for the respective parties hereto met-and- conferred and agreed that in an effort to conserve the Court’s and the parties’ time and resources this matter should be stayed pending the purchase by the Buyer of an apartment unit at the Development; WHEREAS on August 6, 2019, the parties requested a stay of the action by way of a joint Stipulation (Doc. No. 8 & 9), which provided in part that “if the Buyer and Defendant do not close the contract for the purchase of an apartment at the Development within ninety (90) days of the entry of this stipulation, the parties shall so notify the Court and either request an additional stay, or request that the Court schedule the preliminary conference and commence with discovery.” The Court “so ordered” that Stipulation. (Doc. No. 10); WHEREAS on November 1, 2019, Plaintiff requested that Defendant provide it with an update with respect to the status of the matter and on November 6, 2019, Defendant advised Plaintiff that the status remained the same; WHEREAS on November 7, 2019, the parties requested a further stay of the action by way of a joint Stipulation (Doc. No. 11 & 12) with the same provisions as the prior Stipulation. The Court “so ordered” that Stipulation on December 10, 2010. (Doc No. 13); WHEREAS on March 2, 2020, Plaintiff requested that Defendant provide it with an update with respect to the status of the matter and on March 4, 2020, Defendant advised Plaintiff that the status remained the same; WHEREAS on March 11, 2020, the parties requested a further stay of the action by way of a joint Stipulation (Doc No. 14) with the same provisions as the prior Stipulations. The Court “so ordered” that Stipulation on March 12, 2020 (Doc No. 15); and 2 Error! Unknown document property name. WHEREAS on June 9, 2020, Plaintiff requested that Defendant provide it with an update with respect to the status of the matter and Defendant advised Plaintiff that the status remained the same. Therefore: IT IS STIPULATED AND AGREED that Defendant shall notify Plaintiff that a contract for the purchase of an apartment by the Buyer at the Development has closed within ten (10) days of such closing, and following that notification, the parties shall notify the Court and either request an additional stay, or request that the Court schedule the preliminary conference and commence with discovery; and IT IS FURTHER STIPULATED AND AGREED that if the Buyer and Defendant do not close a contract for the purchase of an apartment at the Development within ninety (90) days of the entry of this stipulation, the parties shall so notify the Court and either request an additional stay, or request that the Court schedule the preliminary conference and commence with discovery; and IT IS FURTHER STIPULATED AND AGREED that this Stipulation may be signed in counterparts by facsimile or electronic signature, and that such facsimile or electronic signature shall be deemed an original signature for purposes of this Stipulation. Dated: New York, New York June 11, 2020 3 Error! Unknown document property name. KELLEY DRYE & WARREN LLP HERRICK, FEINSTEIN LLP By: __________________________________ Geoffrey W. Castello Scott E. Mollen Jaclyn M. Metzinger Darlene Fairman 101 Park Avenue 2 Park Avenue New York, New York 10178 New York, New York 10016 (212) 808-7800 (212) 592-1400 Attorneys for Plaintiff Attorneys for Defendants Sotheby’s International Realty, Inc. 41-45 Property Owner, LLC SO ORDERED: Jennifer Schecter, J.S.C. 4 Error! Unknown document property name.