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SUPREME COURT OF THE STATE OF NEW YORK

COUNTY OF NEW YORK


TIMOTHY REIF and DAVID FRAENKEL,
as Co-Executors of the
ESTATE OF LEON FISCHER,
and MILOS VAVRA
Plaintiffs,
- against RICHARD NAGY, RICHARD NAGY LTD.,
Artworks by the Artist Egon Schiele known as
WOMAN IN A BUCK PINAFORE, and WOMAN
HIDING HER FACE,

Index No.: 161799/2015


STIPULATION OF CUSTODY,
SERVICE, WITHDRAWAL OF
MOTION SEQUENCE #001 AND
MOTION SEQUENCE #002,
AND EXTENSION OF
TIME TO ANSWER
Motion Sequence #001
Motion Sequence #002

Defendants.

WHEREAS, pursuant to the Order to Show Cause and Temporary Restraining Order
issued on November 17, 2015 (NYSCEF Doc. No. 18), this Court has set the date for Defendants
Richard Nagy and Richard Nagy Ltd. (collectively, the "Nagy Defendants") to respond to
Motion Sequence #001, Plaintiffs' Motion for Temporary Restraining Order, as November 30,
2015;
WHEREAS, this Court has set a hearing on Motion Sequence #001 in IAS Part 53 for
December 1,2015 at 11:00am;
WHEREAS, on November 23,2015, Plaintiffs filed Motion Sequence #002, a
Supplemental Order to Show Cause for Leave to Supplement their Motion for Temporary
Restraining Order (NYSCEF Doc. Nos. 24-45);
WHEREAS, the Parties agree as follows:
1. Nagy Defendants agree to store two artworks by the Artist Egon Schiele known as
WOMAN IN A BUCK PINAFORE, and WOMAN HIDING HER FACE ("the

Artworks") with Dietl International in New York County pending further order of this
Court;
2. Without waiving any other rights or defenses, the Nagy Defendants stipulate that
service on all Nagy Defendants has been effectuated.
3. Plaintiffs have received information sufficient to satisfy their stated emergent
discovery needs so as to no longer require the expedited discovery requested in the
November 17, 2015 Order to Show Cause from the Nagy Defendants or nonparties
Seventh Regiment Armory Conservancy, Inc. and Sanford L. Smith and Associates
Ltd.;
4. Based on the foregoing, the Parties agree to and respectfully request that Motion
Sequence #001, currently set for a return date of December 1,2015, be hereby
WITHDRAWN, and the Nagy Defendants' November 30,2015 deadline for
responding thereto be removed from the calendar without prejudice;
5. Based on the foregoing, the Parties agree to and respectfully request that Motion
Sequence #002 also be hereby WITHDRAWN as moot;
6. The Parties agree to and respectfully request that the hearing on Motion Sequence
#001, currently set for December 1,2015 at 11:00am be removed from the calendar
without prejudice;
7. The Parties agree to and respectfully request that the date for Defendants Richard
Nagy and Richard Nagy, Ltd. to appear, answer, move, or otherwise respond or plead
with respect to the Summons and Verified Complaint in the above-captioned action
be extended to and including January 15,2016;

8. The Parties agree and request that the order of the Court dated November 17,2015
(NYSCEF Doc. No. 18) restraining removal of the Artworks from New York County
shall be extended to the extent set forth below, subject to approval of the Court.
9. Signatures transmitted electronically or by facsimile shall be deemed original.

Dated: New York, New York


November 30, 2015
DUNNINGTON BARTHOLOW
& MILLER LLP

NIXON PEABODY LLP

By:
\ - _ H a y m o n d J. Dowd
Samuel A. Blaustein

Thaddeus J. 3tauber
Kristin M. Jamberdino

250 Park Avenue


New York, New York 10177
(212)682-8811
rdowd@dunnington.com
sblaustein@dunnington.com

437 Madison Avenue


New York, New York 10022
(212)940-3152
tstauber@nixonpeabody. com
kjamberdino@nixonpeabody.com

Attorneys for Plaintiffs

Attorneys for Defendants Richard Nagy and


Richard Nagy Ltd.

It is hereby directed that the Artworks shall remain in the custody of Fritz Dietl of Dietl
International located at 158 West 27lh Street, 7lh Floor, New York, New York 10001, pending
further order of this Court.
SO ORDERED:

Hon. Charles E. Ramos