CIVIL COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK: PART B
RONALD SHARPE, MARYBETH MCKENZIE, Index No. HP 6211/2018.
TONY MYSAK, CHARLOTTE PFAHL, and
DANIEL SCHNEIDER,
Patitioners-Tenants, FOUR ATTORNEY
STIPULATION OF SETTLEMENT
-against-
517-525 WEST 45 LLC, OFFIR NAIM and SHAI
BERNSTEIN,
Respondents-Owners,
DEPARTMENT OF HOUSING PRESERVATION
AND DEVELOPMENT OF THE CITY OF NEW
YORK, and NEW YORK CITY LOFT BOARD,
Respondents-City.
IT 1S HEREBY STIPULATED AND AGREED, that this proceeding is
settled as follows:
1, Respondents’ motion for summary judgment and Petitioners’ cross-
motion for summary judgment are withdrawn...
2. Upon from the execution of this Stipulation, Respondent 517-525 W
5 LLC (‘Owner’) will provide Petitioners with a mechanical key to the entrance (the “
Elevator Entrance”) that accesses the passenger elevator that was installed in 2018 at
the building located at 521-525 West 45!" Street, New York, NY (the “Building’),
Respondent will provide two copies of such key for each occupant of each of
Petitioners’ units (without prejudice to any future occupants of Petitioners’ units, Units(nillad prejudice + Khre hemsces, opin cxgerbon of His Fhpulehin,
Resp a provide ame $4ch Hoag tm Petihagers Mag de /Mckensice's
ee (Menten Corry) aed ane” suck a he Paitheners Pehl /
Sednyicler's "by wlkem (My Ziamer
7 3C and 5C wilt recehee 8, and_Unit 46 will receive 4), aha upon each Petitioner's
identification of a licensee (such as a dog-walker, clea
“servioe.or the like) and
providing suitable identification, shall provide a key for any such licensees. Upon the
N}loss ar-failure of any mechanical key, Respondents shall replace such key promptly, at
t Petitioners’ cost of $25.00, without imposing any Undue burden of documenting the
é Sa loss oF-failure. In the event that a replacement key is not available immediately,
Respondents shall keep on premises temporary replacement keys for use in case of
emergency.
3. Petitioners acknowledge and consent to waiving any rights to use
or have access to the Building's electronic entry system known as “Latch”, or any future
replacement thereof, provided that the Petitioners have mechanical key access.
4. Petitioners’ right to a mechanical key to the Elevator Entrance, and
all other entrances at the Building, shall be deemed a required service, with respect to
Petitioners’ tenancies, pursuant to the New York City Loft Board (the “Loft Board’)
regulations.
5. Petitioners consent and acknowledge that the ability to open every
Bullding entrance door using a mechanical key that is sufficient, by itself, to open the
lock, is a required service pursuant to the Loft Board's regulations. The Latch system or
any electronic entry system that replaces Latch in the future is not a required service
pursuant to the Loft Board regulations or any other applicable law, provided that the
Petitioners have mechanical key access
6. All parties are responsible for their own legal fees incurred in this
proceeding.
7. In the event of default by Owner to provide mechanical keys to
Petitioners as set forth in paragraph 3, this proceeding may be restored to the Court's
calendar by Order to Show Cause, seeking all applicable relief including a finding ofcontempt, and any waiver of the right to seek legal fees in this proceeding by Petitioners
shall be null and void,
8. . Respondents’ obligation under this Stipulation to maintain the locks
of the Building in a manner that permits each of them to be controlled solely by
mechanical keys in the possession of Petitioners, shall survive this Stipulation, and shall
be enforceable notwithstanding the amount of time that may pass after the execution of
this Stipulation, and notwithstanding any Statute of Limitations
9, For the valuable consideration set forth herein, each party waives
and releases the claims it has against the other patty, their agents, successors-in-
interest, officers, directors, affiiates, members and managers relating solely to the
causes of action raised by Petitioners in this proceeding from the beginning of time
through the date of this Agreement, except for the obligations provided in this
‘Agreement and third party claims. Nothing in this agreement shall be construed as a
settlement of any other claims by any either party concerning any other claims,
including but not limited to, services, repairs, or violations that may. have existed in the
Building and/or in any of Petitioners’ lofts, at the time of the Petition or thereafter, that
were not the subject of any of the allegations of the Petition, and any claims by Owner
against Petitioners. All such claims are expressly reserved.
10. This Stipulation supersedes and revokes all previous negotiations,
arrangements, letters of intent, representations, and information conveyed, whether oral
or in writing, between Petitioners and Owner or their respective representatives or any
other person purporting to represent Petitioners or Owner.
11. Except as otherwise provided in this Stipulation, no subsequent
alteration, amendment, change or addition to this Stipulation of Settlement shall be
binding upon Petitioners and Owner unless in writing and signed by the party against
whom enforcement of the alteration, amendment, change or addition is sought.