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`INDEX NO. 2019-54088
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`RECEIVED NYSCEF: 12/06/2019
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`J
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`NYSCEF DOC. NO. 14
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`SUPREME COURT OF TIlE STATEOFNEW YORK
`COUNTY OF DUTCHESS
`--------------------------------------------------------------------)(
`BOARD OF MANAGERS OF WHITE GATE
`CONDOMINIUM,
`suing on behalf ohhe unit owners,
`
`Index No. 20] 8~50780
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`Plaintiff,
`
`STIPULATION OF
`SETTLEMENT
`
`-against-
`
`KRISTI PLASS,
`
`Defendant.
`______._-----------------__------_--------~---c-------
`
`.__-_-~)(
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`This action is hereby settled according to. the following terms of this Stipulation of
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`Settlement (the "Stipulation"):
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`1.
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`White Gate Condominium
`
`(the
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`"Condominium")
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`is
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`an
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`unineorporated
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`condominium association
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`pursuant
`
`to Article <)-B of the Real Property Law whose board of
`
`managers,
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`the plaintif1; is responsible (clr maintaining and operating the Condominium's
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`finances
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`and building located at White Gate Drive, Wappingers Falls, New York 12590 (the "Building"),
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`pursuant
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`to the Condominium's
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`declaration and bylaws contained therein,
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`as may have been
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`amended thereafter
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`(the "Declaration and By-laws").
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`2.
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`Defendant, Kristi Plass (the "Defendant"),
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`hereby consents to the jurisdiction of
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`this Court, waives all defenses, counterclaims,
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`cross-claims and causes of action.
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`3.
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`4.
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`Defendant owns Unit
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`t 9C located at the Building (the "Unit").
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`Pursuant
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`to Judge Christi J. Acker's order dated September 16, 2019, confirming
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`referee's
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`report and entry ofj udgmentof
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`foreclosure and sale, Defendant owes plaintiff, Board of
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`Managers of White Gate Condominium (the "Plaintiff'),
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`the sum of Fourteen Thousand Nine
`
`Hundred Two Dollars and Ninety-T:-v0 Cents ($14;902.92)
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`(the "Judgment Amount")
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`in unpaid
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`NYSCEF DOC. NO. 14
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`INDEX NO. 2019-54088
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`RECEIVED NYSCEF: 12/06/2019
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`monthly common chargcs,
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`asscssmcnts,
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`latc fccs,
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`Icgal
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`fecs and other
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`fees owed through
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`September 2019 (the "September
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`j 6,2019 Order").
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`5.
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`Defendant has made no payments towards the Judgment Amount and has accrued
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`additional unpaid monthly charges, assessments,
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`late fees and legal fees in the amount of$6,322.40
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`owcd from July 1,2019 to November 1,2019.
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`6.
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`Thcrefore, as a result of Defendant's ownership to the Unit, the Defendant admits
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`to ow'ing Plaintiff
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`the sum of Twenty One Thousand Two Hundred Twenty-Five Dollars and
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`Thirty-Two cents ($21,225.32)
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`(the "Debt")
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`in unpaid monthly common charges, assessments,
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`late
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`fees. legal fees and other fees owed through November 1,2019.
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`7.
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`Defendant admits to owing the Debt to the Condominium without any offsets or
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`delenses thereto.
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`8.
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`Provided that Dcfendant
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`timely makes all payments
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`set forth in the following
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`paragraph 9 below,
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`the Plaintiff agrees to accept a down payment of Four Thousand Dollars
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`($4,000.00)
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`(the "Down Payment"), conditioned upon Detendant's
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`compliance with all the terms
`
`and conditions set forth in this Stipulation.
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`9.
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`The Debt
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`shall be paid by Defendant
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`to PlaintitT as follows,
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`in addition to
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`Defendant's current monthly common charges, assessments,
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`late fees, legal fees and other fees as
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`they continue to accrue after November
`
`I, 2019:
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`a. Defendant shall tender payment of the Down Payment of $4,000.00 to Plaintiff on
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`or before November 30,2019.
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`b. Starting Deccmberl,
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`2019, Defendant
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`shall
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`tcnder an additional
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`paymcnt of
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`$500.00 to her current monthly cummon charges due the first day of each month,
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`and continuing every month thereafter until the Debt is paid in full. This payment
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`NYSCEF DOC. NO. 14
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`shall be applied to the Debt. This is separate and in addition to Defendant's monthly
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`common charges, assessmcnts and othcr fees. These payments will be applied only
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`to the Debt and not towards current monthly common charges, assessments,
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`late
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`fees, legal fees or other fees.
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`10.
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`All payments due under this Stipulation shall be made payable to "White Gate
`
`Condominium"
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`and shall be delivered to the Plaintiffs managing agent:
`
`White Gate Condominium c/o Associa New York
`Attn: Nicole Crouse
`11 Raymond Ave., Suite 32
`Poughkeepsie, NY 12603
`
`11.
`
`Any payments made by Defendant
`
`shall
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`first be applicd to Defendant's
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`current
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`monthly common charges, assessments
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`and other
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`fees as they continue to accrue before any
`
`\
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`payments arc applied to the Debt. Defendant
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`shall be responsible
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`for all reasonable legal fees
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`.
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`incurred in connection with enforcing this Stipulation as well as the reasonable legal fecs relating
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`to any satisfaction of judgment or release of lien upon payment of the Debt in filII by Defendant.
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`12.
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`As set forth in paragraph 9 above, Defendant shall continue to pay her monthly
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`common charges,
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`assessments,
`
`and other charges or
`
`fees as they come due, pursuant
`
`to
`
`Condominiums declaration and by-laws.
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`13.
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`In the event Defendant defaults under any provision of this Stipulation, Plaintiff
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`shall be entitled to restore this action and proceed forward with foreclosure and sale as provided
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`in the September 16.2019 Order. and Defendant shall also be liable for all attorneys'
`
`fee and costs
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`incurred by Plaintiff
`
`in the action.
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`14.
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`The Condominium shall give the Defendant written notice of any default under this
`
`Stipulation. Such notice shall be sent to the Defendant's home address via first class mail and email
`
`at boomergirl@optonline.net.
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`H:\slasser,Whitc: (lnte: CondominiumW!lISS.
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`INDEX NO. 2019-54088
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`RECEIVED NYSCEF: 12/06/2019
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`1
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`15.
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`If any payment due hereunder
`
`is not received in full withinfive
`
`(5) days of the
`
`notice from PlaintitTs attorneys - "TIME BEING OF THE .ESSENCE"
`
`- then the Defendant
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`shall automatically be declared in default under the Stipulation, and Plaintiff shall be entitled to
`
`the following relief:
`
`a. Restore the action and proceed forward with the foreclosure and sale as provided
`
`in. the September
`
`16, 2019 Order,
`
`and a judgment
`
`for
`
`the full Debt, other
`
`outstanding
`
`common charges, plus late fees,
`
`legal
`
`fees and other which have
`
`accrued,
`
`less any payments made.
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`16.
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`Upon PlaintitTs
`
`receipt ofthc full Debt pursuant to the mechanisms and other terms
`
`set forth in this Stipulation,
`
`the Plaintiff shall file a Stipulation or Notice of Discontinuance with
`
`prejudice against
`
`the Defcndant
`
`in this action.
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`17.
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`Any waiver by cither party of, or failure on a particular occasion to enforce, any
`
`provision of this Stipulation or any right hereunder shall not be deemed a continuing waiver and
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`shall not prcvent or stop such party from thereafter enforcing such right, and the failure of either
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`party to insist in any onc or more instance upon the strict performance of any of the provisions of
`
`this Stipulation by the other party shall not be construed as a waiver or relinquishment
`
`for the
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`future of such provision, and the same shall continue in full force and effect.
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`18.
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`This Stipulation shall not be construed more strictly against one party than the other
`
`merely by virtue of the fact that it has been prepared initially by counsel
`
`for one of the parties,
`
`it
`
`being recognized that both parties and their respective
`
`legal counsel have had a full and fair
`
`opportunity to negotiate and review the terms and provisions of this Stipulation and to contribute
`
`to its substance and form.
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`19.
`
`In the event
`
`that any term, provision, paragraph of this Stipulation
`
`is declared
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`NYSCEF DOC. NO. 14
`iIIegal. void or unenforceable,
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`same shall not affect or impair
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`RECEIVED NYSCEF: 12/06/2019
`the other terms, provisions, or
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`INDEX NO. 2019-54088
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`paragraphs oftnis Stipulation,
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`20.
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`This Stipulation shall be binding 'upon thc parties,
`
`their successors-ill-interest
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`and
`
`assignees .
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`.21,
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`This Stipulation is without prejudice to any other agreements executed between the
`
`parties, including, but not limited to, confessions, stipulations and contracts.
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`22,
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`A filesimilecopy or other copy of this Stipulation may be treated as an original for
`
`all purposes, This Stipulation may beexeeuted
`
`in counterparts, each of vihichsnall be deemed an
`
`original, but alI of which 511a1lconstitute one and the 5roue instrument
`
`Date: November 22, 2019
`LASSER LAW GROUP, PLLC
`
`--
`BY~-S-q-:
`Attorneys'
`for Plaintiff BoaI'd of Managers
`oj White Gate Condominium
`369 Lexington Ave. Third Floor
`Ncw York, New York 10017
`alin@lasscrlg.com(212)376-9312
`
`KRISTI PLASS
`
`By:
`
`K 1st. Plass
`D"rendanl
`19C White Gate Drive
`Wappingers Falls, New York 12590
`boomergi rl@optonline.net
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