Preview
INDEX NO. 707539/2015
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 03/24/2016
STATE OF NEW YORK
SUPREME COURT COUNTY OF QUEENS
TD AUTO FINANCE, LLC,
Plaintiff, Index No, 707539/2015
-against-
STIPULATION OF SETTLEMENT
ASHLEY C, WALKER,
Defendant.
THIS STIPULATION OF SETTLEMENT made and
into on the datesentered
respectively set forth below, by and amon
g the following parties, Plaintiff, TD Auto
Finance,
LLC (“Plaintiff”) and Defendant, Ashley C,
Walker (“Defendant’ ”) in response to the Plaintiff's
commencement of this action on July 17, 2015 to recover
sums due and owing under Retail
Installment Contract dated April 4, 2013, plus contractual attorneys’ fees, costs and
disbursements,
WHEREAS, the Parties submit to the jurisdicti
on of this Court.
NOW, THEREFORE, for good and valuable consideration the recei
pt of sufficiency
which is hereby acknowledged, and whic
h consideration includes, without limitation, the
mutual
promises and covenants set forth below,
the parties hereto agree as follows:
TERMS OF STIPULATION
1 Settlement Amount, The Parties desire to avoid the burden, expense and
uncertainties associated with further litigation, and to resolve and settle all claims and
controversies among them, Accordingly,
Defendant has agreed to pay Plaintiff the total sum
of
Four Thousand Two Hundred and 00/100 ($4,2
00.00) Dollars, in twenty-one (21) equal mont
hly
installment payments, The parties agree that
this settlement is not to be deemed or construed
as
an admission of liability for any purpose,
i — —
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_.
2 Payments.
Defendant shall make twenty- ‘one (21)
equal monthly payments in the
amount of Two Hundred and 00/100 ($20
0.00) Dollars each, with the first payment
due on or
before March 31, 2016, with a monthly
payment due on or before the last busi
ness day of each
successive month thereafter until the
Settlement Amount is paid in full. The
settlement funds
must be in certified funds and made
payable to: Deily & Glastetter, LLP, 8 Thur
low Terrace,
Albany, New York 12203-1006 and deli
vered to said address, At all times, Defen
dant is entitled
to prepay the entire amount,
3 Release. In the event Defendant complies with Para
graph 2 of this Stipulation of
Settlement, the Plaintiff shall relea
se the Defendant from all obligati
ons hereunder, Within
fifteen (15) days of the final payment clear
ing the bank, Plaintiff (a) will prepare
a general
release, releasing the Defendant from all
obligations hereunder; and (b) Plaintiff will
prepare and
file a Stipulation ofDiscontinuance, dism
issing this action with prejudice,
ADDITIONAL TERMS OF STIPULATI
ON
4 Change of Address. Defendant shall prom
ptly notify Deily & Glastetter, LLP of
any change of address until full complian
ce hereunder,
5 Execution in Counterparts, This Stipulation may be executed in coun
terparts,
each with the full force and effect of an
original document, In addition, a copy
or facsimile of
this Stipulation shall have the same force
and effect of an ori ginal document.
6 Effect of Defendant’s Failure to Perf
orm. If the Defendant fails to make the
Payments agreed to herein, the Plaintiff
shall tender a Default Notice within ten
(10) days to: (a)
Defendant, Ashley C, Walker, 13243 156"
Street, Jamaica, New York 1 1434; and (6)
Stephannie
A. Miranda, Esq., Lebedin Kofman
LLP, 26 Broadway, Suite 2100, New
York, New York 10004
providing notice via U.S, First Class Mail
and facsimile where available; providing
ten (10) days
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Le nee
within which to cure the defaulted payment,
In the event Defendant fails to cure such defau
lt,
the Plaintiff shall be entitled to submit an
Affidavit of Default along with proposed
Order
granting judgment on the balance reflected
in Plaintiff's Summons and Complaint, subje
ct to any
credits for payments made,
7. This Stipulation is enforceable according to
its terms, and may not be revoked.
8 This Stipulation shall be interpreted under
the laws of the State of New York,
Dated; March2Y, 2016 Dated: March !7, 2016
Pilar A. Cano, Esq,
Deily & Glastetter, LLP ‘tephannie A, Miranda, Esq, +
Lebedin Kofman LLP
Attorneys for Plaintiff
Attorneys for Defendant
8 Thurlow Terrace
Albany, New York 12203
26 Broadway, Suite 2100
New York, New York 10004
Tel: (518) 436-0344 Tel: (212) 500-3273
Fax: (518) 436-8273 Fax: (855) 696-6848
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Preview
INDEX NO. 707539/2015 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 03/24/2016 STATE OF NEW YORK SUPREME COURT COUNTY OF QUEENS TD AUTO FINANCE, LLC, Plaintiff, Index No, 707539/2015 -against- STIPULATION OF SETTLEMENT ASHLEY C, WALKER, Defendant. THIS STIPULATION OF SETTLEMENT made and into on the datesentered respectively set forth below, by and amon g the following parties, Plaintiff, TD Auto Finance, LLC (“Plaintiff”) and Defendant, Ashley C, Walker (“Defendant’ ”) in response to the Plaintiff's commencement of this action on July 17, 2015 to recover sums due and owing under Retail Installment Contract dated April 4, 2013, plus contractual attorneys’ fees, costs and disbursements, WHEREAS, the Parties submit to the jurisdicti on of this Court. NOW, THEREFORE, for good and valuable consideration the recei pt of sufficiency which is hereby acknowledged, and whic h consideration includes, without limitation, the mutual promises and covenants set forth below, the parties hereto agree as follows: TERMS OF STIPULATION 1 Settlement Amount, The Parties desire to avoid the burden, expense and uncertainties associated with further litigation, and to resolve and settle all claims and controversies among them, Accordingly, Defendant has agreed to pay Plaintiff the total sum of Four Thousand Two Hundred and 00/100 ($4,2 00.00) Dollars, in twenty-one (21) equal mont hly installment payments, The parties agree that this settlement is not to be deemed or construed as an admission of liability for any purpose, i — — 1 of 3 _. 2 Payments. Defendant shall make twenty- ‘one (21) equal monthly payments in the amount of Two Hundred and 00/100 ($20 0.00) Dollars each, with the first payment due on or before March 31, 2016, with a monthly payment due on or before the last busi ness day of each successive month thereafter until the Settlement Amount is paid in full. The settlement funds must be in certified funds and made payable to: Deily & Glastetter, LLP, 8 Thur low Terrace, Albany, New York 12203-1006 and deli vered to said address, At all times, Defen dant is entitled to prepay the entire amount, 3 Release. In the event Defendant complies with Para graph 2 of this Stipulation of Settlement, the Plaintiff shall relea se the Defendant from all obligati ons hereunder, Within fifteen (15) days of the final payment clear ing the bank, Plaintiff (a) will prepare a general release, releasing the Defendant from all obligations hereunder; and (b) Plaintiff will prepare and file a Stipulation ofDiscontinuance, dism issing this action with prejudice, ADDITIONAL TERMS OF STIPULATI ON 4 Change of Address. Defendant shall prom ptly notify Deily & Glastetter, LLP of any change of address until full complian ce hereunder, 5 Execution in Counterparts, This Stipulation may be executed in coun terparts, each with the full force and effect of an original document, In addition, a copy or facsimile of this Stipulation shall have the same force and effect of an ori ginal document. 6 Effect of Defendant’s Failure to Perf orm. If the Defendant fails to make the Payments agreed to herein, the Plaintiff shall tender a Default Notice within ten (10) days to: (a) Defendant, Ashley C, Walker, 13243 156" Street, Jamaica, New York 1 1434; and (6) Stephannie A. Miranda, Esq., Lebedin Kofman LLP, 26 Broadway, Suite 2100, New York, New York 10004 providing notice via U.S, First Class Mail and facsimile where available; providing ten (10) days 2 of 3 Le nee within which to cure the defaulted payment, In the event Defendant fails to cure such defau lt, the Plaintiff shall be entitled to submit an Affidavit of Default along with proposed Order granting judgment on the balance reflected in Plaintiff's Summons and Complaint, subje ct to any credits for payments made, 7. This Stipulation is enforceable according to its terms, and may not be revoked. 8 This Stipulation shall be interpreted under the laws of the State of New York, Dated; March2Y, 2016 Dated: March !7, 2016 Pilar A. Cano, Esq, Deily & Glastetter, LLP ‘tephannie A, Miranda, Esq, + Lebedin Kofman LLP Attorneys for Plaintiff Attorneys for Defendant 8 Thurlow Terrace Albany, New York 12203 26 Broadway, Suite 2100 New York, New York 10004 Tel: (518) 436-0344 Tel: (212) 500-3273 Fax: (518) 436-8273 Fax: (855) 696-6848 — ——_—_____ 3 of 3