SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS
JONATHAN R. CALDWELL and CALDWELL URBAN VENTURES LLC,
Plaintiffs,
— against —
MARCUS D. WHITFIELD and PINNACLE GREYSTONE CAPITAL LLC,
Defendants.
Index No. 519847/2023
Assigned Justice: Hon. Patricia Velez, J.S.C.
STIPULATION OF VOLUNTARY DISCONTINUANCE WITHOUT PREJUDICE
IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned counsel for the respective parties hereto, as follows:
WHEREAS, Plaintiffs Jonathan R. Caldwell, an individual residing at 440 East 72nd Street, Apt. 18D, New York, New York 10021, and Caldwell Urban Ventures LLC, a New York limited liability company with its registered address at 440 East 72nd Street, Apt. 18D, New York, New York 10021 (collectively, "Plaintiffs"), appear herein by their attorneys, Calderwood & Harkness LLP, with offices located at 599 Lexington Avenue, 34th Floor, New York, New York 10022; and
WHEREAS, Defendants Marcus D. Whitfield, an individual residing at 88 Montague Street, Penthouse B, Brooklyn, New York 11201, and Pinnacle Greystone Capital LLC, a New York limited liability company with its principal office at 330 Furman Street, Suite 410, Brooklyn, New York 11201 (collectively, "Defendants"), appear herein by their attorneys, Ridgeway, Tanaka & Schiff LLP, with offices located at 1 MetroTech Center, Suite 2200, Brooklyn, New York 11201; and
WHEREAS, the above-captioned action was commenced by the filing of a summons and verified complaint on September 18, 2023, in the Supreme Court of the State of New York, Kings County, and was assigned Index No. 519847/2023; and
WHEREAS, Defendants filed their answer to the verified complaint on October 23, 2023; and
WHEREAS, the parties now desire to voluntarily discontinue this action in its entirety, without prejudice, pursuant to Section 3217(a)(2) of the New York Civil Practice Law and Rules ("CPLR");
NOW, THEREFORE, in consideration of the foregoing recitals and the mutual agreements set forth herein, and for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties stipulate and agree as follows:
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-claims, and causes of action asserted or that could have been asserted in this action by any party against any other party.
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 of limitations or other time-based legal bar or defense.
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 comply with any previously issued discovery order or scheduling directive in connection with this action following such filing.
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 or invalidity of any claim or defense, except as may be necessary to establish the fact of discontinuance or to assert a defense based upon the effect of this stipulation.
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 effective as delivery of a manually executed counterpart.
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 & HARKNESS LLP Attorneys for Plaintiffs Jonathan R. Caldwell and Caldwell Urban Ventures LLC 599 Lexington Avenue, 34th Floor New York, New York 10022 Tel: (212) 555-4800
By: ________
Douglas Carmichael, Partner
Date: January 26, 2024
RIDGEWAY, TANAKA & SCHIFF LLP Attorneys for Defendants Marcus D. Whitfield and Pinnacle Greystone Capital LLC 1 MetroTech Center, Suite 2200 Brooklyn, New York 11201 Tel: (718) 555-3100
By: ________
Helen K. Tanaka, Partner
Date: January 26, 2024
SO ORDERED.
________________________________________
Hon. Patricia Velez Justice, Supreme Court Supreme Court of the State of New York Kings County
Date: January 29, 2024