Contract analysis

1. Discontinuance. It is hereby stipulated and agreed by and between the undersigned counsel for the respective parties that the above-captioned action, bearing Index No. 519847/2023, pending in the Supreme Court of the State of New York, Kings County, is hereby voluntarily discontinued in its entirety, WITHOUT PREJUDICE, pursuant to CPLR § 3217(a)(2). This discontinuance encompasses all claims, counterclaims, cross-

2. No Costs or Disbursements. This discontinuance is without costs or disbursements to any party as against any other party. Each party shall bear its own attorneys' fees, costs, expenses, and disbursements incurred in connection with this action and the negotiation and execution of this stipulation.

3. No Prejudice to Rights. This discontinuance is without prejudice to the right of Plaintiffs to commence a new action on the same or related claims against Defendants or any other party, subject to all applicable statutes of limitation, statutes of repose, and any other applicable provisions of law. Nothing contained in this stipulation shall be construed to extend, toll, or otherwise affect any applicable statute

4. Vacatur of Pending Motions and discovery Obligations. All pending motions, if any, and all outstanding discovery obligations, compliance conference dates, and scheduling orders entered in this action are hereby rendered moot and deemed withdrawn, without prejudice, upon the filing of this stipulation with the Clerk of the Court and its so-ordering by the Court. No party shall have any continuing obligation to comp

5. No Admission. This stipulation shall not constitute, and shall not be deemed or construed as, an admission of liability, fault, wrongdoing, or the merit or lack of merit of any claim, counterclaim, cross-claim, or defense by any party. No party shall offer or seek to admit this stipulation, or the fact of this discontinuance, in any subsequent proceeding as evidence of liability, fault, wrongdoing, or the validity

6. Counterparts. This stipulation may be executed in one or more counterparts, including by facsimile or electronic signature in portable document format (PDF), each of which shall be deemed an original and all of which, taken together, shall constitute one and the same instrument. Delivery of an executed counterpart of this stipulation by facsimile transmission or by electronic mail in PDF format shall be as effecti

7. Authority. Each signatory to this stipulation represents and warrants that he or she is duly authorized to execute this stipulation on behalf of the party for whom he or she signs and that such execution is binding upon the party represented. IN WITNESS WHEREOF, the undersigned counsel have executed this Stipulation of Voluntary discontinuance Without Prejudice as of the dates set forth below. CALDERWOOD & HARKNES