On November 30, 2018 a
Summons
was filed
involving a dispute between
Gladys E. Lynch,
and
Burlington Coat Factory Direct Corporation,
Burlington Coat Factory Of Texas, Inc,
for Torts - Other Negligence (Premise)
in the District Court of Kings County.
Preview
FILED: KINGS COUNTY CLERK 05/06/2019 04:32 PM INDEX NO. 524079/2018
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 05/06/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
.--.----.___________-------------··--------X
GLADYS E. LYNCH, Index No.: 524079/2018
Plaintiff, STIPULATION OF
-against- PARTIAL
DISCONTINUANCE AND
BURLINGTON COAT FACTORY OF NEW YORK, LLC, TO SUPPLEMENT THE
BURLINGTON COAT FACTORY DIRECT CORPORATION, SUMMONS AND AMEND
1HE COMPLAINT
Defendants.
___.-..----..--_____--------.____-.--.-X
IT IS HEREBY STIPULATED AND AGREED by and between the attorneys for
the respective parties herein that the swl-mental c·-m== and amended cc-!±± electronically
filed on February 26, 2019 ishereby withdrawn;
IT IS FURTHER STIPULATED AND AGREED that the above captioned action
is discontinued withcat prejudice solely as against defendant BURLINGTON COAT FACTORY
OF NEW YORK, LLC, without cost to any party as against the other;
IT IS FURTHER STIPULATED AND AGREED thatthe balance of the action as
against defendant BURLINOTON COAT FACTORY DIRECT CORPORATION remains in full
force and effect; [
IT IS FURTHER STIPULATED AND AGREED that an Order can be entered
deleting reference to BURLINOTON COAT FACTORY OF NEW YORK, LLC from the caption
to the action;
IT IS FURTHER STIPULATED AND AGREED that plaintiffhas leave to file
supplemental summons and amended complaint adding BURLINGTON COAT FACTORY OF
"A,"
TEXAS, INC. as a defendant in the form annexed hereto as Exhibit
IT IF FURTHER STIPULATED AND AGREED that MALAPERO PRISCO & [
LLP shall deem the supplemental en-mmena and amended complaint to be served upon
KLAUBER,
1 of 2
FILED: KINGS COUNTY CLERK 05/06/2019 04:32 PM INDEX NO. 524079/2018
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 05/06/2019
.
the defendants on the date upon which itis elemonically filedwith the Court;
IT IS FURTHER STIPULATED AND AGREED that MALAPERO PRISCO &
KLAUBER LLP shall answer the amended complejnt on behalf of BURLINGTON COAT
FACTORY DIRECT CORPORATION and BURLINGTON COAT FACTORY OF TEXAS, INC.
within twenty (20) days of said filing;
IT IS FURTHER STIPULATED AND AGREED that said answer shall admit
that on July 6, 2017, defendant BURLINGTON COAT FACTORY OF TEXAS, INC. leased,
occupied, naintained, operated and managed a retail store located within a portion of premises
located at 625 Atlantic Avenue, Brocidyñ, New York 11217 and that thiss:ipr.1a:ian c.7±±s an
admission as to same; and
IT IF FURTHER STIPULATED AND AGREED that a copy of this stipulation
"A"
bearing signatures t--'":d via facsimile can be electronically filed together with Exhibit
hereto without further notice.
Dated: White Plains, New York
March 27, 2019
STEF . FILIPPAZZO, P.C. MALAPERO PRISCO & KLAUBER LLP
By•
By. ø W To s co E scp e y ejan
Att rneys for Plaintiff Attorn or efendants
288'
16 Court Street, Floor BURLINGTON COAT FACTORY OF NEW
Brooklyn, New York 11241 YORK, LLC and BURLINGTON COAT
(718) 855-1350 FACTORY DIRECT CORPORATION and
Defendant to be added BURLINGTON COAT
FACTORY OF TEXAS, INC.
One North Broadway, Suite 201
White Plains, New York 10601
(212) 661-7300
Page-2-
2 of 2
Document Filed Date
May 06, 2019
Case Filing Date
November 30, 2018
Category
Torts - Other Negligence (Premise)
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Preview
FILED: KINGS COUNTY CLERK 05/06/2019 04:32 PM INDEX NO. 524079/2018 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 05/06/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS .--.----.___________-------------··--------X GLADYS E. LYNCH, Index No.: 524079/2018 Plaintiff, STIPULATION OF -against- PARTIAL DISCONTINUANCE AND BURLINGTON COAT FACTORY OF NEW YORK, LLC, TO SUPPLEMENT THE BURLINGTON COAT FACTORY DIRECT CORPORATION, SUMMONS AND AMEND 1HE COMPLAINT Defendants. ___.-..----..--_____--------.____-.--.-X IT IS HEREBY STIPULATED AND AGREED by and between the attorneys for the respective parties herein that the swl-mental c·-m== and amended cc-!±± electronically filed on February 26, 2019 ishereby withdrawn; IT IS FURTHER STIPULATED AND AGREED that the above captioned action is discontinued withcat prejudice solely as against defendant BURLINGTON COAT FACTORY OF NEW YORK, LLC, without cost to any party as against the other; IT IS FURTHER STIPULATED AND AGREED thatthe balance of the action as against defendant BURLINOTON COAT FACTORY DIRECT CORPORATION remains in full force and effect; [ IT IS FURTHER STIPULATED AND AGREED that an Order can be entered deleting reference to BURLINOTON COAT FACTORY OF NEW YORK, LLC from the caption to the action; IT IS FURTHER STIPULATED AND AGREED that plaintiffhas leave to file supplemental summons and amended complaint adding BURLINGTON COAT FACTORY OF "A," TEXAS, INC. as a defendant in the form annexed hereto as Exhibit IT IF FURTHER STIPULATED AND AGREED that MALAPERO PRISCO & [ LLP shall deem the supplemental en-mmena and amended complaint to be served upon KLAUBER, 1 of 2 FILED: KINGS COUNTY CLERK 05/06/2019 04:32 PM INDEX NO. 524079/2018 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 05/06/2019 . the defendants on the date upon which itis elemonically filedwith the Court; IT IS FURTHER STIPULATED AND AGREED that MALAPERO PRISCO & KLAUBER LLP shall answer the amended complejnt on behalf of BURLINGTON COAT FACTORY DIRECT CORPORATION and BURLINGTON COAT FACTORY OF TEXAS, INC. within twenty (20) days of said filing; IT IS FURTHER STIPULATED AND AGREED that said answer shall admit that on July 6, 2017, defendant BURLINGTON COAT FACTORY OF TEXAS, INC. leased, occupied, naintained, operated and managed a retail store located within a portion of premises located at 625 Atlantic Avenue, Brocidyñ, New York 11217 and that thiss:ipr.1a:ian c.7±±s an admission as to same; and IT IF FURTHER STIPULATED AND AGREED that a copy of this stipulation "A" bearing signatures t--'":d via facsimile can be electronically filed together with Exhibit hereto without further notice. Dated: White Plains, New York March 27, 2019 STEF . FILIPPAZZO, P.C. MALAPERO PRISCO & KLAUBER LLP By• By. ø W To s co E scp e y ejan Att rneys for Plaintiff Attorn or efendants 288' 16 Court Street, Floor BURLINGTON COAT FACTORY OF NEW Brooklyn, New York 11241 YORK, LLC and BURLINGTON COAT (718) 855-1350 FACTORY DIRECT CORPORATION and Defendant to be added BURLINGTON COAT FACTORY OF TEXAS, INC. One North Broadway, Suite 201 White Plains, New York 10601 (212) 661-7300 Page-2- 2 of 2