On May 01, 2018 a
Stipulation,Agreement
was filed
involving a dispute between
Xxxxxxxx Xxxx,
Vincent Settecasi,
and
Ark Bryant Park, Llc,
Ark Bryant Park Southwest, Llc,
Ark Restaurants Corp.,
Michael Weinstein,
Robert J Stewart,
for Other Matters - Contract - Other
in the District Court of New York County.
Preview
- INDEX NO. 154038/2018
NYSCEF DOC. NO. 64 RECEIVED NYSCEF: 03/16/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
VINCENT SETTECASI] and xxxxxxxx xxxx,
Index No.: 154038/2018
individually and on behalf of others similarly situated,
Plaintiffs, [ SSS
ORDER & STIPULATION
- against -
ARK RESTAURANTS CORP.; ARK BRYANT PARK,
LLC; ARK BRYANT PARK SOUTHWEST, LLC;
MICHAEL WEINSTEIN; ROBERT J. STEWART; and
any other related entities,
Defendants.
WHEREAS, Robert J. Stewart, a defendant in the above-captioned matter, passed away in
July 2018,
NOW, THEREFORE, AS IT IS HEREBY STIPULATED AND AGREED by and between
the below named attorneys,
It is hereby ORDERD THAT:
1 Plaintiffs and Defendants hereby agree that pursuant to CPLR § 3025(b) Plaintiffs
shall file an Amended Complaint limited to amending the caption to remove Robert J. Stewart as
a defendant and removing references to Robert J. Stewart in the Amended Complaint within three
(3) days hereof.
2 The remaining Defendants shall answer or otherwise move in response to Plaintiffs’
Amended Complaint only if the Court denies Plaintiffs’ anticipated unopposed motion for
preliminary approval of the settlement of this matter (“Preliminary Approval Motion”) in which
case such answer or other response shall be filed within thirty (30) days of the Court’s denial of
the Preliminary Approval Motion.
3 Plaintiffs and Defendants further agree that upon the filing of the amended
complaint, the Clerk of Court shall amend the Caption in this matter to read as follows:
Page 1 of2
1 of 2
INDEX NO. 154038/2018
NYSCEF DOC. NO. 64 RECEIVED NYSCEF 03/16/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
VINCENT SETTECASI and xxxxxxxx xxxx,
individually and on behalf
of others similarly situated,
Index No.: 154038/2018
Plaintiffs,
- against -
.
ARK RESTAURANTS CORP.; ARK BRYANT PARK,
LLC; ARK BRYANT PARK SOUTHWEST, LLC;
MICHAEL WEINSTEIN; and any other related entities,
Defendants.
4 Any copy, reproduction, PDF, fax, email or otherwise will be deemed an original
and this stipulation can be filed with the Court upon full execution.
Dated: March 11, 2021 Dated: March 11, 2021
LEEDS BROWN Law, P.C. McGuireWoops LLP
oy MEP wy. A
Philip A. Goldstein, Esq.
Michael A. Tompkins, Esq.
One Old Country Road, Suite 347 1251 Avenue of the Americas, 20" Floor
Carle Place, New York 11514 New York, New York 10020-1104
Tel: (516) 873-9550 (212) 548-2167
Attorneys for Plaintiffs Attorneys for Defendants
SO,ORDERED: é an 3 Ta IS.C.
Dated: “MAR 15 2021,
Page 2 of 2
2 of 2
Document Filed Date
March 16, 2021
Case Filing Date
May 01, 2018
Category
Other Matters - Contract - Other
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Preview
- INDEX NO. 154038/2018 NYSCEF DOC. NO. 64 RECEIVED NYSCEF: 03/16/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK VINCENT SETTECASI] and xxxxxxxx xxxx, Index No.: 154038/2018 individually and on behalf of others similarly situated, Plaintiffs, [ SSS ORDER & STIPULATION - against - ARK RESTAURANTS CORP.; ARK BRYANT PARK, LLC; ARK BRYANT PARK SOUTHWEST, LLC; MICHAEL WEINSTEIN; ROBERT J. STEWART; and any other related entities, Defendants. WHEREAS, Robert J. Stewart, a defendant in the above-captioned matter, passed away in July 2018, NOW, THEREFORE, AS IT IS HEREBY STIPULATED AND AGREED by and between the below named attorneys, It is hereby ORDERD THAT: 1 Plaintiffs and Defendants hereby agree that pursuant to CPLR § 3025(b) Plaintiffs shall file an Amended Complaint limited to amending the caption to remove Robert J. Stewart as a defendant and removing references to Robert J. Stewart in the Amended Complaint within three (3) days hereof. 2 The remaining Defendants shall answer or otherwise move in response to Plaintiffs’ Amended Complaint only if the Court denies Plaintiffs’ anticipated unopposed motion for preliminary approval of the settlement of this matter (“Preliminary Approval Motion”) in which case such answer or other response shall be filed within thirty (30) days of the Court’s denial of the Preliminary Approval Motion. 3 Plaintiffs and Defendants further agree that upon the filing of the amended complaint, the Clerk of Court shall amend the Caption in this matter to read as follows: Page 1 of2 1 of 2 INDEX NO. 154038/2018 NYSCEF DOC. NO. 64 RECEIVED NYSCEF 03/16/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK VINCENT SETTECASI and xxxxxxxx xxxx, individually and on behalf of others similarly situated, Index No.: 154038/2018 Plaintiffs, - against - . ARK RESTAURANTS CORP.; ARK BRYANT PARK, LLC; ARK BRYANT PARK SOUTHWEST, LLC; MICHAEL WEINSTEIN; and any other related entities, Defendants. 4 Any copy, reproduction, PDF, fax, email or otherwise will be deemed an original and this stipulation can be filed with the Court upon full execution. Dated: March 11, 2021 Dated: March 11, 2021 LEEDS BROWN Law, P.C. McGuireWoops LLP oy MEP wy. A Philip A. Goldstein, Esq. Michael A. Tompkins, Esq. One Old Country Road, Suite 347 1251 Avenue of the Americas, 20" Floor Carle Place, New York 11514 New York, New York 10020-1104 Tel: (516) 873-9550 (212) 548-2167 Attorneys for Plaintiffs Attorneys for Defendants SO,ORDERED: é an 3 Ta IS.C. Dated: “MAR 15 2021, Page 2 of 2 2 of 2