James Walker & Leigh-Ann Walker and the Department of Consumer Affairs v. West End Towers Garage Corp. CITY OF NEW YORK DEPARTMENT OF CONSUMER AFFAIRS JAMES WALKER & LEIGH-ANN WALKER and Complaint No. CD5-86961 License No. 0948832 THE DEPARTMENT OF CONSUMER AFFAIRS, Complainants, Licensee’s Address: 55 West End Avenue New York, NY 10023 -againstWEST END TOWERS GARAGE CORP., Licensee. SETTLEMENT AGREEMENT The Complainants and the Licensee agree that the Complainants’ claims against the Licensee as set out in the above numbered complaint will be settled when the following actions have been completed: 1. The Licensee shall pay the Consumer Complainants $963.00 in full and final settlement of all claims asserted in the above-captioned matter. The Licensee shall pay said sum by bank check, certified check or money order, made payable to “JAMES WALKER”, and shall mail it to him by certified mail, return receipt requested, at 330 West 72nd Street, Apartment #5C, New York, NY 10023, to be received by him on or before April 22, 2005. 2. The Consumer Complainants shall notify the Department in writing and on notice to the Licensee, no later than April 29, 2005, if said payment has not been received by April 22, 2005. In such event, this matter shall be restored to the hearing calendar for a hearing on the matter of the Licensee’s alleged default and on the merits of the issues asserted in the Notice of Hearing. In the event the Consumer Complainants fail to notify the Department by April 29, 2005, the Licensee shall be presumed to have complied with the terms of this settlement agreement. 3. Upon full compliance of the terms contained herein, each party shall be deemed to have released each other from any and all claims arising out of the above-captioned matter, in this or in any other jurisdiction; and, CD5-86961 Page 2 of 2 the Department shall withdraw all departmental charges contained in the above-captioned complaint. The parties affirm that they have read the above-described agreement and that it accurately states their understanding of the agreement entered into by them. The above agreement is an Order of the Department of Consumer Affairs. FAILURE TO PERFORM THIS AGREEMENT IN WHOLE OR IN PART WILL SUBJECT THE LICENSEE TO PENALTIES UNDER THE APPLICABLE SECTIONS OF THE NEW YORK CITY ADMINISTRATIVE CODE AND TITLE 6 OF THE RULES OF THE CITY OF NEW YORK. West End Towers Garage Corp. ____________________________ James Walker By: ______________________________ Gary Schneeweiss, president ____________________________ Leigh-Anne Walker SO ORDERED: ___________________________ Bruce M. Dennis, Administrative Law Judge Dated: April 11, 2005 N.Y.C. DEPARTMENT OF CONSUMER AFFAIRS 66 JOHN STREET NEW YORK, N.Y. 10038 (212) 361-7770