On June 24, 2020 a
Exhibit,Appendix
was filed
involving a dispute between
Cig Llc, D B A Elevations Shoring Llc,
and
Barry Lipsky,
Colleen Popp,
Governor'S Office Of Storm Recovery,
Housing Trust Fund Corp.,
Kevin O'Connell,
Lipsky Building Construction, Inc,
Marie Tennariello,
Michael Cerverizzo,
Randy Tennariello,
Robert Popp,
Yolette Louis,
for Commercial Division
in the District Court of Nassau County.
Preview
FILED: NASSAU COUNTY CLERK 09/01/2020 03:52 PM INDEX NO. 606340/2020
NYSCEF DOC. NO. 58 RECEIVED NYSCEF: 09/01/2020
TotalPayments Received: $175,2)59399
SUBCONTRACTOR'S FINAL RELEASE AND WAIVER OF LIEN
FINAL RELEASE AND WAIVER OF LIEN datedas of July23, 2018 made by C1G dba Etovations
Shofiaé.LLC ("Subcontractor") toand forthe benefitof GOSR, a State Recovery Prograrn with its
principalofficeat 25 Beaver St,New York, NY 11004 ("HTFC") and ofLipsky Building Construction
Inc ("Contractor")pursuantto an agreement between Subcontractor and HTFC [or between Subcontractor
and Contractoras agent ofHTFC] dated as of 6/28/l71the "Contract") coveringthe-House Liftingand
Genera1Construction work forthe projectknown as3263 Weidneri Oceanside NY (the"Project").Unless
otherwisespecifiedherein,words and phrasesdefined in the Contract have
shall the same meanings in this
instrument.
Thie FinniReleme 9nd Wniver of Ilen is piven
in connectityn
with the ennomcGon of and
f he Prniect in
considerationof $_TEHutldrgd TwoThousänd FoW Hundred SixtyFive 36/100 Dollars infullpayment
of allsums due under the Contract.
For the benefitof HTFC and Contractor,Subcontractor does hereby certifyand acknowledge: (i)
thatSubcontractor has supplied HTFC and Contractor with a listof allsubcontractors and vendors
supplying,furnishing or perforrning
Work for the Project
and that such list
is tr ue and complete
as ofthe
date hereof; that upon
(ii) receiptof theabove-described payment, Subcontractor has received
allsums due
and owing to Subcontractorfor allWork performed,furnished orsupplied by or throughSubcontractorfor
the Project;and, inconsiderationof such payment, Subcontractor(for Subcontractor,itssuccessors and
assigns)does hereby foreverreleaseand waive any and all
rights,claimsand demands which Subcontractor
has ormay haveagainst HTFC, Contractorand/or the State of
New York (the"State")(inchidingany rights
pursuant to the NewYork Lien Law to file
any Lien ornoticeof Lien againstthe Project
or any propertyof
HTFC, Contractor orthe State)on accountof or derivingfrom any Work supplied,furnishedor performed
forthe Project;and Subcontractoragrees to indemñifyand hold harmless HTFC frornand againstany and
allrights,claims and demands of any subcontractorsor vendors on account of or derivingfrom Work
"Work"
supplied,furnishedor performed by any suchsubcontractor or vendorforthe Project. means labor,
materialsand supplies,furnishedor perfõrmcd by or throughSubcontractor with respectto the Project.
IN WITNESS WHEREOF, Subcontractorhas caused thisFinalRelease and Waiver of Liento be
duly
executed as of the date first
set forthabove by the undersigned officer of Subcontractorwho isduly
authorizedto do so.
Name:
Title:
Subscribed and sworn to before
me day of"RJ/ ,
thisp
Pub
Notary Public - State of New York
No. 01706343554
Qualified in Nassau County
My ComenissionExpires Jun 13, 2020
Document Filed Date
September 01, 2020
Case Filing Date
June 24, 2020
Category
Commercial Division
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
FILED: NASSAU COUNTY CLERK 09/01/2020 03:52 PM INDEX NO. 606340/2020 NYSCEF DOC. NO. 58 RECEIVED NYSCEF: 09/01/2020 TotalPayments Received: $175,2)59399 SUBCONTRACTOR'S FINAL RELEASE AND WAIVER OF LIEN FINAL RELEASE AND WAIVER OF LIEN datedas of July23, 2018 made by C1G dba Etovations Shofiaé.LLC ("Subcontractor") toand forthe benefitof GOSR, a State Recovery Prograrn with its principalofficeat 25 Beaver St,New York, NY 11004 ("HTFC") and ofLipsky Building Construction Inc ("Contractor")pursuantto an agreement between Subcontractor and HTFC [or between Subcontractor and Contractoras agent ofHTFC] dated as of 6/28/l71the "Contract") coveringthe-House Liftingand Genera1Construction work forthe projectknown as3263 Weidneri Oceanside NY (the"Project").Unless otherwisespecifiedherein,words and phrasesdefined in the Contract have shall the same meanings in this instrument. Thie FinniReleme 9nd Wniver of Ilen is piven in connectityn with the ennomcGon of and f he Prniect in considerationof $_TEHutldrgd TwoThousänd FoW Hundred SixtyFive 36/100 Dollars infullpayment of allsums due under the Contract. For the benefitof HTFC and Contractor,Subcontractor does hereby certifyand acknowledge: (i) thatSubcontractor has supplied HTFC and Contractor with a listof allsubcontractors and vendors supplying,furnishing or perforrning Work for the Project and that such list is tr ue and complete as ofthe date hereof; that upon (ii) receiptof theabove-described payment, Subcontractor has received allsums due and owing to Subcontractorfor allWork performed,furnished orsupplied by or throughSubcontractorfor the Project;and, inconsiderationof such payment, Subcontractor(for Subcontractor,itssuccessors and assigns)does hereby foreverreleaseand waive any and all rights,claimsand demands which Subcontractor has ormay haveagainst HTFC, Contractorand/or the State of New York (the"State")(inchidingany rights pursuant to the NewYork Lien Law to file any Lien ornoticeof Lien againstthe Project or any propertyof HTFC, Contractor orthe State)on accountof or derivingfrom any Work supplied,furnishedor performed forthe Project;and Subcontractoragrees to indemñifyand hold harmless HTFC frornand againstany and allrights,claims and demands of any subcontractorsor vendors on account of or derivingfrom Work "Work" supplied,furnishedor performed by any suchsubcontractor or vendorforthe Project. means labor, materialsand supplies,furnishedor perfõrmcd by or throughSubcontractor with respectto the Project. IN WITNESS WHEREOF, Subcontractorhas caused thisFinalRelease and Waiver of Liento be duly executed as of the date first set forthabove by the undersigned officer of Subcontractorwho isduly authorizedto do so. Name: Title: Subscribed and sworn to before me day of"RJ/ , thisp Pub Notary Public - State of New York No. 01706343554 Qualified in Nassau County My ComenissionExpires Jun 13, 2020