Exhibit,Appendix: Michael Knopf, Norma Knopf v. Frank M. Esposito, Dorsey & Whitney, Llp, Nathaniel H. Akerman, Edward S. Feldman

• 
• 
• 
• 
• 
• 

						
                                
Preview
                                FILED:         NEW     YORK       COUNTY        CLERK        08/02/2021             07:11        PM                 INDEX    NO.   150315/2019
   NYSCEF     DOC.   NO.   454                                                                                RECEIVED      NYSCEF:     08/02/2021




                                                                    Exhibit O
   FILED:         NEW     YORK       COUNTY        CLERK        08/02/2021             07:11        PM              INDEX    NO.   150315/2019
   NYSCEF     DOC.   NO. Case
                           454    1:17-cv-05833-DLC            Document 209-2           Filed 06/30/20 RECEIVED
                                                                                                             Page 2 ofNYSCEF:
                                                                                                                           3         08/02/2021




                                                                  AGREEMENT

                          Whereas Michael Hayden Sanford has represented that he has personal information
                 regarding the circumstances surrounding the communication of Melissa Ringel's private number
                 at the Appellate Division, First Department to Nathaniel Akerman and/or Ed Feldman,

                          Eric Berry, individually and on behalf of Michael Knopf, Norma Knopf and Delphi
                 Capital Management, LLC ("the Knopfs")

                                                                       - and -

                          Michael Hayden Sanford, individually and on behalf Sanford Partners, L.P., M.H.
                 Sanford &    Co., LLC, Sanford Partners Voyager Fund, L.P.,             SP Voyager Fund, LLC, Harvest
                 Moon Beach House, LLC, Moonshadow                 1928, LLC, and all other entities in which Sanford has
                 an ownership or beneficial interest,

                          Voluntarily enter into the following mutual dependent promises and representations and
                 agree to the following mutually dependent performances:


                          1.  The Knopfs agree and promise as follows:

                          (A) Immediately following the completion of Sanford's deposition on November                      1, 2019,
                 the  Knopfs will terminate and forever cease all efforts to enforce the judgment entered against
                 Sanford personally on March 6, 2019 in favor of the             Knopfs in the veil-piercing action entitled
                 Knopf v.   Sanford, New York County Index No.             652743/2018 ("the Judgment").

                          (B) On or before February        1, 2020, the Knopfs will execute and file a stipulation vacating
                 the Judgment, and will take all steps necessary to ensure that the Judgment no longer appears in
                 the public record, on any judgment roll or index in any state or any county, and discontinue their
                 claims against Sanford with prejudice in Knopf v.           Esposito, New York County Index No.
                 150315/2019.      The stipulation will be delivered in escrow to Daniel Osborn, Esq.              on Tuesday,
                 November 5, 2019 and the parties agree to make any changes requested by the Clerk of the Court
                 to the form of stipulation.

                          (C) Prior to 7:30 p.m.     on November      1, 2019 file a notice of withdrawal with prejudice
                 ("Notice of Withdrawal") of the motion to punish for contempt currently scheduled to be heard
                 before Justice Gerald Lebovits, J.S.C.        on November 4, 2019 in Knopf v.          Sanford, New York
                 County Index No.       113227/2009 and on Monday, November 4, 2019 and deliver a hard copy of
                 the Notice of Withdrawal to Justice Lebovits ort or before            10:00 a.m.   on November 4, 2019.

                          (D) In the event that either the Knopf        v. Esposito case (2d Cir. Nos.      17-4151,    18-668 &
                 18-2193) or the Knopf v.      Phillips case are reinstated by the      Second Circuit, immediate dismiss
                 the claims in those case against Sanford with prejudice pursuant to Fed. R.               Civ.  P. 41(a)(l)(A).

                                                                    Page   1 of  2
   FILED:         NEW     YORK       COUNTY        CLERK        08/02/2021             07:11        PM              INDEX    NO.   150315/2019
   NYSCEF     DOC.   NO. Case
                           454    1:17-cv-05833-DLC            Document 209-2          Filed 06/30/20 RECEIVED
                                                                                                             Page 3 ofNYSCEF:
                                                                                                                          3         08/02/2021




                          (E) Avoid any questions at Sanford's November 1, 2019 deposition regarding his assets,
                 company, financial interests, resources, personal life, family and/or ancestors, and will not
                 attempt any investigation into the foregoing in any manner or in any current or future                 lawsuit or
                 proceeding.

                          - and -

                          (F) Will not file   any testimony taken at Sanford's November 1, 2019 deposition prior to
                 delivering the stipulation of vacatur of the Judgment to Mr.            Osborn.

                          In consideration for the foregoing,       Sanford promises:

                          To testify truthfully at his November        1, 2019 deposition regarding the events at issue in
                 the Knopf v.   Esposito civil rights action (17 Civ.       5803) and Knopf v.     Esposito Judiciary Law
                 §487 action (Index No.        150315/2019), including as to his personal knowledge regarding the
                 circumstances surrounding the communication of Melissa Ringel's private number at the
                 Appellate Division First Department to Nathaniel Akerman and/or Ed Feldman.

                          The Knopfs acknowledge that the foregoing performance by Sanford is his sole
                 obligation under this agreement, and that following Mr.            Sanford's providing the foregoing
                 testimony, their own obligations under this agreement are absolute.

                          This agreement will remain confidential unless there is a breach.

                 Dated: November       1, 2019

                         o/ork, ~             ~                    ~
                 Eric Berry, individually and on behalf of             Michael Hayden Sanford
                 Michael Knopf, Norma Knopf and
                   Delphi Capital Management, LLC




                                                                    Page 2 of    2