White Tab 106B -- Stipulation of Settlement (HP 6086/2020)¶

GUARDRAIL: WHITE -- FACT REPOSITORY ONLY

This document records the terms and structure of the Stipulation of Settlement (HP 6086/2020) as filed. No legal argument, strategy, or compliance analysis. Compliance analysis lives in WT-118. Strategic treatment lives in Purple.

Primary Source Document

View Stipulation of Settlement (PDF) -- The 12-page court-filed stipulation referenced throughout this tab (HP 6086/2020, NYSCEF Doc #10).

PART A -- Document Identity¶

Field	Value	Source
Court	Civil Court of the City of New York, County of Kings: Housing Part B	PDF p. 1
Index Number	HP 6086/2020 (NYSCEF: LT-006086-20/KI)	PDF p. 1; WT-117
Case Caption	Christian Gray (Tenant-Petitioner) v. American Package Company, Inc. (Owner-Respondent) and The Department of Housing Preservation and Development (Respondent)	PDF p. 1
Document Type	Stipulation of Settlement (SO-ORDERED)	PDF p. 1
SO-ORDER Judge	J.H.C. (Jack Stoller, J.H.C. -- probable; signature visually consistent per WT-117 analysis)	PDF p. 1; WT-117 Part F
NYSCEF Doc Number	#10	WT-117 Part B
NYSCEF Filing Date	June 29, 2021	WT-117 Part B
Exhibit 1 Scope Date	December 8, 2020 (date on scope of work document)	WT-108A
Verified Petition Date	June 29, 2020	PDF p. 1 (recital)
Total Pages	12 (pp. 1-6 = stipulation terms; p. 7 = Exhibit 1 cover; pp. 8-12 = Scope of Work + Floor Plan)	PDF
PDF Location	`media/WT-106_Stipulation_of_Settlement_Original.pdf`	Vol 07 media folder

Filing date note: The NYSCEF docket records Doc #10 as filed June 29, 2021. Doc #9 (filed same date by Sandercock) is the pre-filing "Request to SO Order" version with identical content but without NYSCEF filing stamps. The December 8, 2020 date that appears in some binder references is the date on the Exhibit 1 scope of work document, not the stipulation filing date.

PART B -- Parties and Signatories¶

Role	Name	Firm / Address	Signature Present
Petitioner's Counsel	Margaret Sandercock, Esq.	Goodfarb & Sandercock, LLP; 110 E 59th Street, 22nd Floor, New York, NY 10022; (212) 509-0440	Yes (PDF p. 5)
Respondent's Counsel	David M. Skaller, Esq.	Belkin Burden Goldman, LLP; 270 Madison Avenue, New York, NY 10016; (212) 867-4466	Yes (PDF p. 5)
Petitioner	Christian Gray	--	"Petitioner" line on signature page (PDF p. 5)
Respondent (HPD)	Department of Housing Preservation and Development	100 Gold Street, 6th Floor, New York, NY 10038	Line unsigned (PDF p. 5)

Recital: The stipulation opens with the statement that the proceeding is settled upon "representations, promises, terms and conditions" set forth, "without admitting any wrongdoing, fault, or any of the allegations set forth in Petitioner's Verified Petition, dated June 29, 2020."

PART C -- Paragraph-by-Paragraph Summary¶

This section documents what each of the 17 paragraphs requires. No analysis, no compliance assessment, no strategy.

Paragraph 1 -- Remediation Work Commencement¶

Respondent retained ServPro (emergency contact: Lisa Mulcahy, lmulcahy@servprohoboken.com, cell 551-226-1997) -- defined as "Mold Remediation Company" -- to perform the scope of work annexed as Exhibit 1 ("Remediation Work") in apartment G21 ("Apartment") in the building at 97 Green Street, Brooklyn, New York 11222 ("Building").

Preparation work commences July 20, 2021. Remediation work commences July 21, 2021 ("Renovation Work Commencement Date").

The Mold Remediation Company is required to file a Post Remediation Assessment form and Mold Remediation Certification per NYC EPA.

Source: WT-106 Section B.1; Stipulation PDF pp. 1-2.

Paragraph 2 -- Unfettered Access¶

Respondent shall have unfettered access to the Apartment until all Remediation Work is completed.

Source: Stipulation PDF p. 2.

Paragraph 3 -- Expert Presence During Remediation¶

ALC Environmental ("ALC") and Olmsted Environmental Services ("Olmsted") are permitted to be present during the work. Petitioner and Olmsted shall not interfere with the work. Petitioner and Respondent landlord shall NOT be present during the work.

Source: WT-106 Section B.1; Stipulation PDF p. 2.

Paragraph 4 -- ALC Post-Remediation Report¶

Upon completion of the Remediation Work ("Completion Date"), ALC shall inspect and test the Apartment and prepare the "ALC Post Remediation Report." Respondent's counsel (Skaller) shall deliver the report to Petitioner's counsel (Sandercock) by email at mbs@goodfarblaw.com.

Source: WT-106 Section B.1; Stipulation PDF p. 2.

Paragraph 5 -- Olmsted Inspection and Report Deadlines¶

5A: Within 5 days of delivery of the ALC report ("Olmsted Inspection Deadline"), Olmsted shall inspect and test the Apartment and prepare the "Olmsted Post Remediation Report."

5B: Petitioner's counsel shall deliver the Olmsted report to Respondent's counsel at DSkaller@bbgllp.com within 14 days of the Olmsted Inspection Deadline.

Forfeiture clause: If Olmsted fails to inspect by the deadline, "Petitioner shall forfeit and waive its right to inspect and test the Apartment and shall not be permitted to restore this proceeding or commence a proceeding or action to challenge ALC's report or that the Remediation Work has not been completed."

Source: Stipulation PDF pp. 2-3.

Paragraph 6 -- Completion Confirmation / Discontinuance¶

If ALC and Olmsted agree that the Remediation Work has been completed after the Completion Date ("Completion Confirmation Date"), the proceeding shall be discontinued with prejudice.

Source: Stipulation PDF p. 3.

Paragraph 7 -- Disagreement / Motion to Restore¶

If ALC and Olmsted cannot agree that the work was completed, either party may restore the proceeding by notice of motion. The hearing is limited to: (a) whether Respondent did not comply with the agreed Remediation Work, or (b) additional work that ALC and/or Olmsted believes should have been performed. If Petitioner establishes non-completion, the Court issues an order or Respondent agrees to perform the additional work. If Respondent establishes completion, the proceeding is dismissed with prejudice. The prevailing party is entitled to attorney fees (limited to fees incurred post-Completion Date).

Source: Stipulation PDF p. 3.

Paragraph 8 -- Agreed Non-Completion¶

If ALC and Olmsted agree that the Remediation Work was NOT completed after the Completion Date, the Mold Remediation Company shall complete the agreed-upon outstanding Remediation Work and the parties shall repeat the process stated in Paragraphs 5 through 9.

Source: Stipulation PDF p. 3.

Paragraph 9 -- Restoration Limitation¶

The parties represent and acknowledge that this proceeding may only be restored for purposes of enforcing compliance with either party's obligations stated in this Stipulation regarding the Remediation Work or for additional disputed work.

Source: Stipulation PDF p. 4.

Paragraph 10 -- Mutual Release¶

For the valuable consideration set forth above, and with the exception of the rights and obligations arising pursuant to this Stipulation, this Stipulation shall constitute the parties' accord and satisfaction and mutual release of any and all demands, rights, claims, remedies, actions, causes of actions or liabilities (collectively "claims") that any party hereto may have against any other party hereto or against representatives, heirs, successors, assigns, officers, directors, partners, agents, or employees of the other "contained in Petition from the beginning of the world through the date of this Stipulation."

Drafting note (fact, not argument): The release text includes the phrase "contained in Petition." The interaction between this phrase and the "beginning of the world" clause is a matter for counsel assessment. See Vacatur Strategy page for strategic treatment.

Source: Stipulation PDF p. 4.

Paragraph 11 -- Attorney Fees Reservation¶

Both parties reserve their claims and defenses with respect to attorney fees and costs incurred by the respective parties.

Source: Stipulation PDF p. 4.

Paragraph 12 -- Drafting Neutrality¶

Both parties shall be deemed to have drawn the stipulation documents in order to avoid any negative inference by any court as against the preparer of the document. The stipulation is the result of extensive negotiations between the parties.

Source: Stipulation PDF p. 4.

Paragraph 13 -- Supersession / Merger¶

This Stipulation supersedes and revokes all previous negotiations, arrangements, letters of intent, representations, and information conveyed, whether oral or in writing, between the parties or their representatives. All prior statements, understandings, or memoranda shall be merged into the stipulation and shall not survive. Except as provided in the Stipulation, no subsequent alteration, amendment, change, or addition shall be binding upon Petitioner and Respondent unless in writing and signed by the party against whom enforcement of the alteration, amendment, change, or addition is sought.

Source: Stipulation PDF pp. 4-5.

Paragraph 14 -- Full Investigation¶

This Stipulation is entered into after full investigation. Neither party has relied upon any statement or representation not specifically embodied in this Stipulation. Each party has had the opportunity to retain counsel and review this document with a counsel of their choosing.

Source: Stipulation PDF p. 5.

Paragraph 15 -- Binding on Heirs/Assigns¶

This Stipulation shall be binding upon the respective parties, their heirs, assigns, executors, administrators and successors-in-interest to their property.

Source: Stipulation PDF p. 5.

Paragraph 16 -- Electronic Signatures¶

Facsimile, electronic, or PDF signatures shall be deemed originals.

Source: Stipulation PDF p. 5.

Paragraph 17 -- Counterparts¶

This Stipulation may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.

Source: Stipulation PDF p. 5.

PART D -- Exhibit 1: Scope of Work (Cross-Reference Only)¶

Exhibit 1 is the 6-page Scope of Work + Floor Plan (stipulation PDF pp. 7-12), titled "Mold Abatement Scope of Work -- 97 Green St. Apartment #G21 Brooklyn, NY" and dated December 8, 2020.

The scope document contains 8 margin comments by Jack Glass, MS, CIH (ALC Environmental VP), labeled JG1 through JG8. These comments are part of the court-filed document as they appear in the SO-ordered stipulation.

This tab does not duplicate the scope of work. For scope content, see:

WT-108A -- Mold Abatement Work Scope (standalone extract of Exhibit 1 with task matrix and Glass margin notes)
WT-106 Section B.2 -- Verbatim transcription of the scope document with margin comments integrated

Verification note (WT-106 v1.7): WT-108A content confirmed identical to Stipulation Exhibit 1; both contain JG1-JG8 margin comments.

PART E -- Cross-References¶

Document	Location	Relationship
WT-106	Vol 07 Tab 106	Scope comparison (Court-Ordered vs. Executed) -- uses this stipulation as baseline
WT-106A	Vol 07 Tab 106A	SERVPRO field incident video documentation
WT-108	Vol 07 Tab 108	ALC Post-Remediation Verification report (Jul 28, 2021; report Aug 3, 2021)
WT-108A	Vol 07 Tab 108A	Exhibit 1 extract (Dec 8, 2020 Work Scope with JG1-JG8 comments)
WT-109	Vol 07 Tab 109	Olmsted response identifying non-completed scope items (Aug 18, 2022)
WT-110	Vol 07 Tab 110	Olmsted follow-up scope additions (Nov 7, 2022)
WT-117	Vol 07 Tab 117	HP 6086/2020 NYSCEF docket analysis (34 documents; includes Smith decision)
WT-118	Vol 07 Tab 118	Stipulation compliance timeline analysis (paragraph-by-paragraph)
Vacatur Strategy	Orientation Layer 2	Release language strategic treatment (stipulation-release page)
Purple T2	Vol 08	Stipulation performance / court integrity track
Orange B001	Vol 12	Sandercock malpractice framework -- motion failure tied to stipulation compliance
SCC Cause 2	Supreme Court Complaint	Breach of Contract -- The Stipulation

PART F -- Archived Source Documents¶

Document	File	Location
Stipulation of Settlement (Original PDF)	WT-106_Stipulation_of_Settlement_Original.pdf	Vol 07 media folder

Media naming note: This PDF is currently named with the WT-106 prefix (predating the creation of this tab). The file contains the complete 12-page court-filed stipulation as retrieved from NYSCEF (Doc #10).

END -- White Tab 106B -- Stipulation of Settlement (HP 6086/2020) v1.0