SMRH:4861 - 1595 - 9116.1 - 1 - UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ----------------------------------------------------------------------- x 22 - CV - 03873 (LAK) KIT - YIN SNYDER AND RICHARD HAAS, Plaintiffs, v. ERIC ADAMS , Mayor of the City of New York, in his o fficial capacity, and THE CITY OF NEW YORK , Defendants. ----------------------------------------------------------------------- X SETTLEMENT AGREEMENT WHEREAS, on April 11, 2022, the New York City De partment of Design and Construction , the New York Ci ty Department of Cultural Affairs , and the New York City Department of Corrections m ade a presentation before the New York City Public Design Commission ( hereafter the “April Presentation ”) in connection with the demolition of the Manhattan Detention Compl ex ( “MDC ”) in which they represented that five works (herea fter th e “Works ”) created by plai ntiff s KIT - YIN SNYDER and RICHARD HAAS, (hereinafter “ Plaintiffs ” ), could either be “ [r] ecreate [d] ... in new materials, at the new [Borough Bas e d Jail Manhattan] Faci lity or at an alternative site, in consultation with artist ” or “[r] e - install [ e d] ... in new materials, at the new [Borough Based Jail Manhattan] Facility or at an alternative site, in consultation w ith artist ; ” and WHEREAS , Plaintiffs s u bsequently comm enced t hi s action by filing a Complaint , seeking inter alia , a declaration that Plaintiffs have the right pursuant to 17 U.S.C. § 106A(d)(3) to prevent any intentional destruction, distortion, mutilatio n, or other modification of each of th e ir individual w orks of v i sual art for a period consisting of their individual lifetimes; and Case 1:22-cv-03873-LAK Document 41 Filed 01/26/23 Page 1 of 4 SMRH:4861 - 1595 - 9116.1 - 2 - WHERE AS , Defendants ERIC ADAMS, Mayor of the City of New York, in his official capacity, and the City of New York (hereinaft er “ Defendants ” ) moved to dis miss the C omplaint on Aug ust 8, 20 2 2 pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure ; and WHEREAS, Plaintiffs submitted their opposition to Defendants ’ moti on to dismiss on September 6, 2022; and WHEREAS , De fendants subm itted their reply memoran d um in further s upport of their motion to dismiss on September 19, 2022; and WHEREAS , the parties to this action now desire to resolve all claims asserted in the C o mplaint without fu rther proceedings and without admit ting any fault or liability; IT IS H E REBY STIPULATED AND AG RE E D by and between the undersigned as follows: 1. Defendants will make their best efforts to comply with the representations made in the April P r esentation , including by investigating and exploring loca tion s for recreating or reinstalling the W orks in consul ta tio n wi th Plaintiffs , subject to Defendants’ approval p rocesses by various City agencies and the City’s procurement procedures 2. Plai nti ff s an d De fe n da nts will exe cute a Stipulation and Order of D isconti nua nc e with prejud ice in the form annexed hereto as Exhibit A ; 3. Upon execution of this Settl ement Ag reement, P laintiffs shall be deemed to have released Defendants, and all depa rtments, off ic ials , em pl oye es, represen t atives and agents of the City of New Yo rk , p ast and prese nt, in their individual or officia l capacit ies, from each and every allega tion, cl aim, and r ight to damages arising from the acts and omissions complained of i n the Com pla in t Case 1:22-cv-03873-LAK Document 41 Filed 01/26/23 Page 2 of 4 SMRH:4861 - 1595 - 9116.1 - 3 - 4. Thi s agr eement is no t to be constr ued as an admission that D efe nd ants , or any departments, officials, employees, represen tatives and agents of the City of New Y ork , past and present, in their individual or official capacities, violated a ny applic abl e law , rul e or regulation, o r are in any way liable for the allegat ion s asserted in t he Complaint 5. This S tipulation con tains all the terms and conditions agree d upon b y the part ies, and no oral agreement entered into at any time nor any written agreemen t e nt ered int o pri or to the ex e cution of t his S ti pulation regarding th e s ub ject matter o f the instant action shall be deem ed to exi st, or to bind the parties here to, or t o vary the terms and conditions contained herein. 6. The parties have reviewed a nd revise d t hi s S t ipul at ion , and any ru l e of constr uction, by which any ambigui tie s are to be res olved against the drafting party, shall not be applied in the interpretati on of th is Stipula tion. 7. This Stipulation may be executed in counterparts, and facsimi le execut ion o f th is S ti pul ation by the undersigned shall constitute original s ign at ures for fili ng with the court. Dated: New York , New Yor k January 24 , 20 2 3 Case 1:22-cv-03873-LAK Document 41 Filed 01/26/23 Page 3 of 4 SMRH:4861 - 1595 - 9116.1 - 4 - SHE PPARD, MULLIN, R ICHTER & H AMPTON LLP By : Robert S. Friedman D an i e l Bro wn Emily D. A nde rson C hloe Chung ( admitted pr o h ac vice ) 30 R ockefeller Plaza New York, New York 10112 Te lephone: (212) 653 - 8700 Email : rfriedma n@sheppard mullin.com dlbrown@sheppardmullin.com e m a nde rson@shepp ar d m u llin .co m cchu n g@s heppardmullin. com Attorneys for Plai nti ff s OFFICE OF THE CORPORATION COUNS EL OF THE CITY OF NEW Y ORK By :____ ____ __________ _______ Gati Dalal Genan Faye Zilkha 100 Church Street New York, NY 1 0007 Telep hon e : ( 21 2 ) - 35 6 - 21 94 Email: g d alal@law.nyc.gov gzilkha@law .ny c. gov Attorne ys for Defendant s Case 1:22-cv-03873-LAK Document 41 Filed 01/26/23 Page 4 of 4