Hermine Leventhal - Page 7




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               Kindly acknowledge the acceptance of the above                           
               conditions by signing and returning to me, via my                        
               messenger, the enclosed copy of the instant                              
               communication together with both copies of the Lease.                    
                                         Very truly yours,                              
                                         CHARLES E. MOSER                               
               CEM:tp                                                                   
               Encl.                                                                    
               UNDERSTOOD, ACCEPTED AND AGREED:_______________________                  
                                              ROSENTHAL & SHAYS, by:                    
                                              IRVIN H. ROSENTHAL,ESQ.                   
                                              Attorneys for Defendant                   
                                              HARVEY LEVENTHAL                          
          The letter was signed by Mr. Moser and countersigned by Mr.                   
          Rosenthal on behalf of Harvey.                                                
               Later that day, Mr. Moser sent a second letter to Mr.                    
          Rosenthal stating:                                                            
               Dear Mr. Rosenthal:                                                      
               Enclosed herewith is a signed copy of the communication                  
               hand delivered to your offices earlier today.                            
               This communication will further confirm the agreement                    
               of the parties and our understanding regarding the                       
               alternating occupancy of the marital home and Apartment                  
               5N at 961 Victory Boulevard, Staten Island, New York,                    
               on a two (2) month basis, assuming that the changes                      
               made in the Apartment Lease are accepted by SILVER LAKE                  
               ASSOCIATES (Owner-Lessor), as follows:                                   
                    (1) the marital home located at 2 Emerson Drive,                    
               Staten Island, New York, will be forthwith placed on                     
               the market and listed for sale at the highest fair                       
               market price with a Licensed Real Estate Broker a                        
               member of the local Multiple Listing Service; that such                  
               a listing will not preclude a private sale at no less                    
               than the listing price; and that we will hold the net                    
               proceeds of the sale in escrow, the same to be released                  
               and distributed pursuant to the Judgment of Divorce to                   
               be entered herein or the mutual agreement, in writing,                   
               of the parties.                                                          






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Last modified: May 25, 2011