FILED:

FILED : NEW YORK

NEW YORK COUNTY
COUNTY CLERK
CLERK 03/24/2022
03/15/2022 09:04
02 : 09 PM INDEX
INDEX NO.
NO. 153554/2017
153554/2017
PM|
NYSCEF
NYSCEF DOC.
DOC. NO.
NO. 294
298 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 03/15/2022
03/24/2022

SUPREME COURT OF THE STATE OF NEW YORK

NEW YORK COUNTY

PRESENT: HON. LOUIS L. NOCK PART 38M

Justice
____________________________..______________-------X

INDEX NO. 153554/2017

CAROLINA GILDRED

Plaintiff,

- v -

MICHAEL FOSTER,

Defendant.

__________________________..______________._____Ç

WHEREAS the parties entered into a stipulation of settlement, dated January 17, 2020,
and so-ordered by the undersigned (NYSCEF Doc. No. 161), providing that defendant Michael

Foster would take down "any and all content over which he has possession, custody or control,

whether directly or indirectly, concerning Mrs. Carolina Gildred, her husband Mr. Philip T.

Gildred, any member of Mr. or Mrs. Gildred's family, Mr. Gildred's professional, business or
PLLC,"
social organizations, and attorneys Seth Rafkin and Jennifer Brouge, and Rafkin Esq.,
regarding"
refrain from "further statements the identified individuals and Rafkin Esq., PLLC
them,"
"that in any manner disparages, defames or reflects negatively upon any of and refrain

from "mak[ing] any attempt, directly or indirectly, to contact in any manner, Mrs. Gildred or Mr.

Gildred, any member of Mr. of Mrs. Gildred's family or Mr. Gildred's professional, business or
organizations,"
social and

WHEREAS if defendant Foster failed to do so plaintiff Carolina Gildred was entitled,

pursuant to CPLR 3215(i), to apply for entry of judgment in the amount of $150,000 against

defendant Foster, with interest at the statutory rate from February 10, 2020, without further

notice to defendant Foster, and

WHEREAS the Court has previously denied defendant Foster's motion to rescind the

stipulation of settlement by order filed March 2, 2020, finding that there was "rational impetus
stipulation,"
for defendant's agreement to the terms of said and that defendant had not adduced

any evidence that he was not competent to enter into the stipulation (NYSCEF Doc. No. 195),
and

WHEREAS plaintiff has applied to the Court for entry of judgment, and it appears to the

Court, from the affidavits and documentary proof submitted by plaintiff by e-filing on NYSCEF,

that defendant has failed to comply with the terms of the stipulation by taking down the specified

content and refraining from making further disparaging statements regarding the named

individuals set forth in the stipulation of settlement (NYSCEF Doc. Nos. 272-
212-220, 234-243,
293),

OTHER ORDER - NON-MOTION

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FILED:
FILED : NEW YORK
NEW YORK COUNTY
COUNTY CLERK
CLERK 03/24/2022
03/15/2022 09:04
02 : 09 PM INDEX
INDEX NO.
NO. 153554/2017
153554/2017
PM|
NYSCEF
NYSCEF DOC.
DOC. NO.
NO. 294
298 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 03/15/2022
03/24/2022

NOW, therefore, it is hereby

ORDERED that, pursuant to CPLR 3215(i) and the stipulation of settlement, the Clerk of

the Court is directed to enter judgment in favor of plaintiff Carolina Gildred and against Michael

Foster in the sum of $150,000.00, with interest at the statutory rate from March 2, 2020, as

calculated by the Clerk, together with costs and disbursements as taxed by the Clerk upon

submission of an appropriate bill of costs.

DATE: 3/11/2022 L S L. NOCK, JSC

Check One: Case Disposed Non-Final Disposition

Check if Appropriate: Other (Specify )

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