COURT COUNTY OF ...................................................... : Index No. COURT : COUNTY OF ...................................................... : Calendar No. : Index No. : STIPULATION : : OF DISCONTINUANCE : AFFIDAVIT OF FACTS : Plaintiff(s) Plaintiff(s) UPON APPLICATION FOR : -against-against: DEFAULT JUDGMENT : (Constituting Claim, Default and Amount Due) : : : : : Defendant(s) : ...................................................... : : STATE OF NEW YORK ) Defendant(s) : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .) . . . . . . . .ss.: . . . . . . . . . . . . . . .. COUNTY OF ) IT IS HEREBY STIPULATED AND AGREED by and between the undersigned deposes and says: being duly sworn, attorneys for the respective parties herein, that whereas no party is an infant, incompetent person for whom a 1. I in the committee has been am the plaintiffdefault above captioned action, and I submit a party has an interest in theapplication appointed or conservatee CPLRno person not this affidavit in support of the instant subject and § 3215. for judgment by pursuant to matter of the action, the above captioned action be and the same is hereby discontinued with This is an action for 2. prejudice and without costs to either party as against the other. This stipulation may be filed without further notice with the Clerk of the Court. 3. Dated: 4. 5. This action was commenced on or about by service of a summons and upon the defendant(s) herein. The time for the defendant(s) to answer or move with respect to the defendant(s) has/have not answered or moved with respect to the has expired, and the The defendant(s) time to plead has not been extended, and the defendant(s) is/are now in default in pleading. days before the entry of such judgment, by mailing a copy of the summons by first-class mail to the defendant at the defendant's place of residence in an envelope bearing the legend ''personal and confidential'' and not indicating on the outside of the envelope that the communication was from an attorney or concerns an alleged debt. ** (Plaintiffs attorney 6. sign Pursuant to CPLR §below) must above and type name 3215(f)(3), additional notice of the default was duly given by * type name below) at least 20 (Defendant's attorney must sign above and Attorney(s) for Plaintiff(s) 7. Attorney(s) for Defendant(s) *** Proof of service of the said additional notice is annexed hereto. Office and P.O. Address Dated: Sworn to before me on WHEREFORE, deponent demands judgment against the defendant(s) in the sum of $ with interest from together with the costs and disbursements of this action. Office and P.O. Address (Plaintiff must sign above and type name below) Telephone No.: * Notary Public ** *** Telephone No.: Insert ''me'' or ''my attorney(s)'', as the case may be. Insert any other information concerning circumstances of mailing - See CPLR § 3215(f)(3)(i) Pursuant to CPLR § 3215(f)(3)(ii), the affidavit of mailing of additional notice must be executed by person mailing the notice and filed with the judgment. 2003 © American LegalNet, Inc. American LegalNet, Inc. www.USCourtForms.com www.USCourtForms.com