SUPREME COURT OF THE STATE OF NEW YORK

COUNTY OF NEW YORK

------------------------------------------------------------------)(

Index No.: 601503/07

SAVOY MANAGEMENT CORPORATION,

JUDGMENT WITH
BILLS OF COSTS

Plaintiff,
-againstLEVIEV FULTON CLUB, LLC, WONDER WORKS
CONSTRUCTION CORP., FULTON CLUB, LLC and CONWAY
STORES, INC.,
Defendants.

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Defendants Leviev Fulton Club, LLC, Fulton Club, LLC, Wonder Works
Construction Corporation and Conway Stores, Inc., having moved this Court for an Order,
pursuant to CPLR 3211, dismissing the first cause of action of plaintiff s complaint, and
plaintiff Savoy Management Corporation, having cross-moved for an Order converting
defendants'
motions to dismiss to motions for summary judgment, and for an Order, pursuant to CPLR 3212,
granting partial summary judgment in favor of plaintiff on the first cause of action of the
complaint; and said motions and cross-motion having duly come on to be heard before the Hon.
Leland DeGrasse, a Justice of this Court, at IAS Part 25 on a regularly scheduled motion return
date, and this Court, after due deliberation thereon, having issued its Decision and Order, dated
January 4, 2008, duly entered on January 9, 2008, granting defendants' motions and dismissing
the first cause of action of plaintiff s complaint, and denying plaintiff s cross-motion; and
plaintiff having appealed said Order to the Appellate Division, First Department, and, while said
appeal was pending, all parties having entered into a Stipulation of Partial Settlement to settle the
second cause of action of plaintiff s complaint, releasing all defendants from any and all liability
with respect thereto, and discontinuing the second cause of action of the complaint with

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..
prejudice; and thereafter, the Appellate Division, First Department, having issued its Order,

./

dated and entered May 15, 2008, affirming the January 4, 2008 Order of Justice DeGrasse; and
thereafter, plaintiff, having moved to amend its complaint to replead its first cause of action and
to assert an additional claim, and defendants, each having opposed plaintiff s motion to amend
the complaint, and said motion having duly come on to be heard before the Hon. Debra A.
James, a Justice of this Court, at IAS Part 59, on a regularly scheduled motion return date, and
this Court, after due deliberation thereon, having issued its Decision and Order, dated March 30,
2009, denying plaintiff's motion to amend the complaint and dismissing the complaint as to all
defendants, with costs and disbursements, and directing the entry of judgment in favor of
defendants accordingly,
Now, on the motion of Herzfeld & Rubin, P.C., attorneys for defendants Leviev
Fulton Club, LLC and Fulton Club, LLC, it is hereby
ADJUDGE, that the complaint is hereby dismissed as to all defendants
and it is further
ADJUDGED, that defendants Leviev Fulton Club, LLC and Fulton Club, LLC,
whose address is 10 Bank Street, Suite 560, White Plains, New York, have judgment against
plaintiff Savoy Management Corporation, whose address is 111 Fulton Street,
New York, New York, in the amount of $151.66, and that defendants have execution thereon;
and it is further
ADJUDGED, that defendant Conway Stores, Inc., whose address is 39 West 3th
Street, Third Floor, New York, New York, have judgment against plaintiff Savoy Management
Corporation, whose address is 111 Fulton Street, New York, New York, in the amount of $151.66,
and that defendant have execution thereon; and it is further

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ADJUDGED, that defendant Wonder Works Construction Corporation, whose

address is 18 West 21st Street, Fourth Floor, New York, New York, have
judgment against plaintiff Savoy Management Corporation, whose address is 111 Fulton Street,
New York, New York, in the amount of $281.66, and that defendant have execution thereon.
Judgment signed this 24th day of April, 2009

F l LED
APR 24 2009
NEW YORK
COUNTY CLERK'S OFFICE

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CoPYMIGHT 199.3 BY JU'LJUS BLUMBERG, JNC.

PUIILlSHR, NYC 100 I3

SUPREME
COUNTY OF NEW

SAVOY

'

COURT

YORK

MANAGEMENT

601503/07

CORPORATION
Plainti.ff( s)
against

(Costs of Defendants
Leviev Fulton Club, LLC and
Fulton Club, LLC

LEIEV FULTON CLUB, et.al.

Costs before note of issue

Defendant( s

66.66

Fee for index

CPLR 8018(a) . .. ........... .....................

number
Referee's fees CPLR 830l(a)(I), 8003(a) ..............................
Commissioner's compensation CPLR 830l(a)(2)...................
Clerk's fee, filing notice of pend. or attach. CPLR 8021(a)(lO)
Entering and docketing judgment CPLR 8301(a)(7), 8016(a)(2)
Paid for searches CPLR 830\(a)(]O) ..... .................... .............
Affidavits & acknowledgments CPLR 8009 .............. ............
Serving copy summons & complaint CPLR 801l(h)(l), 830l(d)

Costs after note of issue

CPR 8201 subd. 2

1/3of

$200
Tnal of issue...............................
CPLR 8201 subd. 3
Allowance by statute .............................
CPLR 8302(a), (b)
Additional allowance ............................
CPLR 8302 (d)
Motion costs
.............................................
CPLR 8202
Appeal to Appellate Tenn .....................
CPLR 8203
(b)

Appeal to Appellate Division

..............
CPLR 8203 (a)
Appeal to Court of Appeals
...................
CPLR 8204

Costs upon frivolous claims

and counterclaims ........................
CPLR 8303-a

c,:i

Request ,or J.Ud.1c.iaiinterventi.on

....................................................
Note of issu CPLR 8020(a) .............. ... . . . ..............
Paid referee's
CPLR 830l(a)(l 2) ....... . ........... ... .... . ..
report
Certified copies of papers CPLR 830l(a)(4) ............................
Q Satisfaction piece CPLR 5020(a), 8021 ....... ...........................
Transcripts and filing CPLR 8021 .................... ........................
Certified copy ofjudgment CPLR 8021 ....................... . .........
Postage CPLR 8301(a)(l2).............................................. ...........
Jury fee CPLR 8020(c) .......... ....... ...................... ................ ....
Stenographers' fees CPLR 8002, 830 l .....................................
Sheriff's fees on ex:eculion CPLR 8011, 8012 . ......................
40
Sheriff s fees, attachment, arrest, etc. CPLR 8011 ... .............
Paid printing cases CPLR 830l(a)(6) .. ... .... ...... ....... ..........
Clerk's fees Court of Appeals CPLR 830l(a)(l 2) .... .... .... ...
Paid copies of papers CPLR 8016(a)(4) ................................... .
Motion expenses CPLR 830l(b) ............ ...............................
...
Fees.for publication CPLR 830I(a)(3) ..................... ...............
Serving subpoena CPLR 801l(h) I , 830l(d)............................
Paid for Search CPLR 8301(a)(l0) .... .................. ...................

Referee's report .................................................................................

Attendance of witnesses CPLR 800l(a)(b)(c), 830l(a)(l) ....
Supreme Court Records Online Library

COSTS ..........................................................

$
TOTAL

66.66

45

0(

The undersigned, an attorney admitted to practice in the courts of this state, affirms: that I am a member of Herzfeld
& Rubib, P. C the attorney(s) of record for the Fulton Defeanta in the above entitled action; that the following disbursements
have been or will necessarily be made or incurred in this action and are reasonable in amount and that each of the persons
named as witnesses attended as such witness on the trial, hearing or examination before trial herein the number of days set
opposite their names; that each of said persons resided the number of miles set opposite their names from the place of said
trial, hearing or examination; and each of said persons, as such witness as aforesaid, necessarily traveled the number of
miles so set opposite their names in traveling to, and the same distance in returning from, the same place of trial, hearing or
examination; and that copies of documents or papers as charged herein were actually and necessarily obtained for use.
The undersigned affirms that the foregoing statements are true, under the penalties of perjury.
Neil Finkelstein
Dated: April 23, 2009

COUNTY OF NEW YORK

9 jO 9 a6ed - A.JeJQIJ au11uo SPJ008kj )Jnoo awaJdns

SAVOY MANAGEMENT CORPORATION,

Plaintiff,
_-againstLEVIEV FULTON CLUB, LLC, WONDER WORKS CONSTRUCTION CORP., FULTON
CLUB, LLC and CONWAY STORES, INC.,
Defendants.

JUDGEMENT WITH THREE BILLS OF COSTS OF DEFENDANTS

HERZFELD
Attorneys for

& R u Bl N,

P.C.

Defendants

Office and Post Office Address, Telephone, Facsimile

40 WALL ST R EET
NEW YORK, N. Y.
TELEPHONE

1 0005- 2 3 49

f .a !2 ) 4 7 1-8500

FA CSIMILE{ 2 1 2) 344- 3333

O NOTICE OF ENTRY

that the within is a (certified) true copy of a

Pursuant to Rule l 30-1.1-a
duly entered in the office of the clerk of the within named courtCertified
on
20
O NOTICE OF SETTLEMENT

that an order
settlement to the HON.
of the within named court, at

on
Dated,

of which the within is a true copy will be presented for

one of the judges
By: _

20

at

M. Print name beneath

Attomey(s) for

Yours, etc.
H E RZF E LD &.

Service of a copy of the within

To

Dated,
Attomey(s) for

R U BIN,

P.C.

A ttorneysfi,r
Offcce and Post Office Address, Telephone, Facsimile
40 WALL STR EET
NEW YO R K, N. Y. 1 0005-2349
T ELEPHONE

( 2 1 2 > 47 1-8500

FACSIMILE

( 2 1 21 344-33

Sir:-Please take notice