repair charges, and attorneys' fees, and Respondent withdrew defenses and counterclaims
without prejudice to the assertion of those claims in the Supreme Court Action.
The March 2007 Stipulation further provided that if Respondents defaulted on payment, or if
the Supreme Court Action was discontinued, dismissed or abandoned, Petitioner could restore
this proceeding and seek entry of judgment for all unpaid maintenance, late charges, repair
charges and attorneys' fees incurred through said date, and Respondent would be permitted to
pursue its counterclaims. Finally, the stipulation provided for some minor repairs and access
dates.
In March 2008, Petitioner moved to restore this proceeding based on Respondents' default in
paying ongoing maintenance. That motion was settled pursuant to a stipulation (March 2008
Stipulation), wherein Respondents acknowledged owing $10, 915.26, for outstanding
maintenance, and agreed to pay same, plus an assessment of $238.60 within one week. The
stipulation further provided that late and legal fees were severed for a plenary proceeding, and
that all other terms of the March 2007 Stipulation remained in effect.
On or about September 17, 2008, the Supreme Court granted Petitioner's motion for
summary judgement and dismissed the complaint. Based on said dismissal, Petitioner moved to
restore this proceeding to the court's calendar in October 2008. The Court issued a written order
(November 2008 Restoration Order) granting Petitioner's motion to the extent of restoring the
proceeding to the court's calendar for a determination of remaining claims.
On February 19, 2009, the proceeding was transferred to Part S and the trial commenced.
The trial continued on February 20, 2009 and February 25, 2009 and concluded on March 2,