Preview
FILED: QUEENS COUNTY CLERK 11/01/2018 04:01 PM INDEX NO. 702662/2015
NYSCEF DOC. NO. 29 RECEIVED NYSCEF: 11/01/2018
At a Trial Term, of the Supreme
Court of the State of New York, held
in and for the County of Queens, at
88-11 Sutphin Boulevard, Jamaica,
New York 11435, on the 016? day of
Cfrin e
2018
PRESENT:
HON. Leonard Livote,
Justice.
X
MARC B HARTMAN, as Administrator of the
Estate of EMANUEL HARTMAN, deceased,
Plaintiff, ORDER
FOR COMPROMISE
PURSUANT
-against-
TO EPTL 5-4.6
Index No.: 702662/2015
FAIRVIEW NURSING CARE CENTER, INC. and
NORTH SHORE-LONG ISLAND JEWISH FILED
HEALTH
SYSTEM, INC.,
CONQUV-
NTY LE
QUEENS C;OHArry
Defendants.
X
Upon reading and filing the annexed affidavit of Plaintiff, MARC B.
HARTMAN in his capacity as Administrator of the Estate of EMANUEL
HARTMAN, sworn to on the 17th day of October, 2018, the affirmation of
Deborah F. Truhowsky, Esq., dated October 17, 2018 (the "Affirmation"), and,
upon finding that,
An offer of settlement in the above-captioned action in the amount of
ONE HUNDRED SEVENTY-FIVE THOUSAND ($175,000.00) DOLLARS,
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FILED: QUEENS COUNTY CLERK 11/01/2018 04:01 PM INDEX NO. 702662/2015
NYSCEF DOC. NO. 29 RECEIVED NYSCEF: 11/01/2018
by or on behalf of defendant, FAIRVIEW NURSING CARE CENTER, INC.,
has been made to fully and finally settle the above-captioned action;
And the Administrator, MARC B. HARTMAN, having moved this Court
pursuant to Estates Powers & Trust Law Sec. 5-4.6 for approval and compromise
of the total settlement amount in the above-captioned action, for approval and
compromise of his attorneys' fees and disbursements, and for an order referring
all matters relating to the allocation and distribution of said proceeds for the
determination of the Surrogate's Court, County of Queens;
And it has been represented that there are no due and payable expenses
such as medical bills, funeral costs or other items of the Estate, and no
outstanding liens or claims against the settlement sums except a final United
Healthcare/Optum lien in the amount of $10,131.84 and a final Medicaid/
Department of Social Services lien in the amount of $10,256.19;
NOW, upon said application of the Plaintiff by his attorneys, LAW FIRM
OF DR TRUHOWSKY, it is hereby:
ORDERED, that, pursuant to EPTL 5-4.6(a), the settlement of the above-
captioned action by the parties herein for the total sum of ONE HUNDRED
SEVENTY-FIVE THOUSAND ($175,000.00) DOLLARS, payable as
indicated, is hereby compromised and approved; and it is further
ORDERED, that plaintiff's attorneys' fees in the amount of $53,491.77
and the return of disbursements to plaintiff's attorneys in the amount of
$14,364.06 are hereby compromised and approved; and it is further;
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FILED: QUEENS COUNTY CLERK 11/01/2018 04:01 PM INDEX NO. 702662/2015
NYSCEF DOC. NO. 29 RECEIVED NYSCEF: 11/01/2018
ORDERED, that payment by Plaintiff of the final lien to United
Healthcare/Optum in the amount of $10,131.84, constituting full satisfaction of
all claims of United Healthcare/Optum and as full settlement of any lien owed for
benefits provided to EMANUEL HARTMAN is hereby compromised and
approved; and it is further.
ORDERED, that payment by Plaintiff of the final lien to Medicaid/
Department of Social Services in the amount of $10,256.19, constituting full
satisfaction of all claims of Medicaid/Department of Social Services and as full
settlement of any lien owed for benefits provided to EMANUEL HARTMAN is
hereby compromised and approved; and it is further
ORDERED, that Administrator MARC B. HARTMAN is hereby
authorized to exchange general releases and other documents necessary to the
settlement of this matter with the named defendants herein; and it is further
ORDERED, that the Administrator MARC B. HARTMAN shall
forthwith make application to the Surrogate's Court, County of Queens, to
allocate and distribute the settlement proceeds; and it is further
ORDERED, that pursuant to EPTL 5-4.6(a) (2), the sum of $175,000.00
shall be paid as described above, and said payments shall be made by defendant,
FAIRVIEW NURSING CARE CENTER, INC., or their insurance carrier
pursuant to CPLR § 5003-a within 21 days of receipt of an executed copy of the
within Order, duly executed general release and stipulation discontinuing the
action from plaintiff; and it is further
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NYSCEF DOC. NO. 29 RECEIVED NYSCEF: 11/01/2018
ORDERED, that said release and stipulation of discontinuance shall be
held in escrow by defense counsel pending full receipt and collection of
defendants' settlement obligation; and it is further
ORDERED, that the LAW FIRM OF D.F. TRUBOWSKY, shall
forthwith take all steps necessary to obtain an allocation of the settlement sums
and distribution of the settlement proceeds to the appropriate distributees by a
compromise directed to the Surrogate's Court, County of Queens; and it is further
ORDERED, that pursuant to EPTL 5-4.6, all settlement sums received by
the LAW FIRM OF DS. TRUHOWSKY, shall immediately be placed in an
interest bearing escrow account; and it is further
ORDERED, that pursuant to EPTL 5-4.6(a)(2), upon collection of the
settlement funds and placement of same into an interest bearing escrow account,
and after submission to this Court of proof of a filing of a petition for allocation
and distribution of the settlement proceeds in the Surrogate's Court, County of
Queens, the attorney for the Administrator, the LAW FIRM OF D.F.
TRUHOWSICY, shall hereby be permitted to withdraw and pay its herein
approved attorneys' fees and reimbursable disbursements from said escrow
account; and it is further
ORDERED, that after payment from the escrow account of the Medicaid/
Department of Social Services lien, United Healthcare/Optum lien, attorneys' fee
and the attorneys' disbursements, the funds remaining in the escrow account shall
continue to be held in said account pending the entry of an order or decree of the
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Surrogate's Court, Queens County determining the allocation and distribution of
such funds; and it is further
ORDERED, that pursuant to EPTL Section 5-4.6, the attorney for the
Administrator, the LAW FIRM OF D.E. TRUHOWSKY, shall continue to serve
as attorney for the Estate until the entry of a final Decree in the Sun-ogate's Court
allocating and distributing the settlement proceeds; and it is further
ORDERED, that the Administrator is authorized to discontinue with
prejudice all claims against all defendants.
ENTER
A.,. J. S. C.
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Preview
FILED: QUEENS COUNTY CLERK 11/01/2018 04:01 PM INDEX NO. 702662/2015 NYSCEF DOC. NO. 29 RECEIVED NYSCEF: 11/01/2018 At a Trial Term, of the Supreme Court of the State of New York, held in and for the County of Queens, at 88-11 Sutphin Boulevard, Jamaica, New York 11435, on the 016? day of Cfrin e 2018 PRESENT: HON. Leonard Livote, Justice. X MARC B HARTMAN, as Administrator of the Estate of EMANUEL HARTMAN, deceased, Plaintiff, ORDER FOR COMPROMISE PURSUANT -against- TO EPTL 5-4.6 Index No.: 702662/2015 FAIRVIEW NURSING CARE CENTER, INC. and NORTH SHORE-LONG ISLAND JEWISH FILED HEALTH SYSTEM, INC., CONQUV- NTY LE QUEENS C;OHArry Defendants. X Upon reading and filing the annexed affidavit of Plaintiff, MARC B. HARTMAN in his capacity as Administrator of the Estate of EMANUEL HARTMAN, sworn to on the 17th day of October, 2018, the affirmation of Deborah F. Truhowsky, Esq., dated October 17, 2018 (the "Affirmation"), and, upon finding that, An offer of settlement in the above-captioned action in the amount of ONE HUNDRED SEVENTY-FIVE THOUSAND ($175,000.00) DOLLARS, 1 of 5 FILED: QUEENS COUNTY CLERK 11/01/2018 04:01 PM INDEX NO. 702662/2015 NYSCEF DOC. NO. 29 RECEIVED NYSCEF: 11/01/2018 by or on behalf of defendant, FAIRVIEW NURSING CARE CENTER, INC., has been made to fully and finally settle the above-captioned action; And the Administrator, MARC B. HARTMAN, having moved this Court pursuant to Estates Powers & Trust Law Sec. 5-4.6 for approval and compromise of the total settlement amount in the above-captioned action, for approval and compromise of his attorneys' fees and disbursements, and for an order referring all matters relating to the allocation and distribution of said proceeds for the determination of the Surrogate's Court, County of Queens; And it has been represented that there are no due and payable expenses such as medical bills, funeral costs or other items of the Estate, and no outstanding liens or claims against the settlement sums except a final United Healthcare/Optum lien in the amount of $10,131.84 and a final Medicaid/ Department of Social Services lien in the amount of $10,256.19; NOW, upon said application of the Plaintiff by his attorneys, LAW FIRM OF DR TRUHOWSKY, it is hereby: ORDERED, that, pursuant to EPTL 5-4.6(a), the settlement of the above- captioned action by the parties herein for the total sum of ONE HUNDRED SEVENTY-FIVE THOUSAND ($175,000.00) DOLLARS, payable as indicated, is hereby compromised and approved; and it is further ORDERED, that plaintiff's attorneys' fees in the amount of $53,491.77 and the return of disbursements to plaintiff's attorneys in the amount of $14,364.06 are hereby compromised and approved; and it is further; -2- 2 of 5 FILED: QUEENS COUNTY CLERK 11/01/2018 04:01 PM INDEX NO. 702662/2015 NYSCEF DOC. NO. 29 RECEIVED NYSCEF: 11/01/2018 ORDERED, that payment by Plaintiff of the final lien to United Healthcare/Optum in the amount of $10,131.84, constituting full satisfaction of all claims of United Healthcare/Optum and as full settlement of any lien owed for benefits provided to EMANUEL HARTMAN is hereby compromised and approved; and it is further. ORDERED, that payment by Plaintiff of the final lien to Medicaid/ Department of Social Services in the amount of $10,256.19, constituting full satisfaction of all claims of Medicaid/Department of Social Services and as full settlement of any lien owed for benefits provided to EMANUEL HARTMAN is hereby compromised and approved; and it is further ORDERED, that Administrator MARC B. HARTMAN is hereby authorized to exchange general releases and other documents necessary to the settlement of this matter with the named defendants herein; and it is further ORDERED, that the Administrator MARC B. HARTMAN shall forthwith make application to the Surrogate's Court, County of Queens, to allocate and distribute the settlement proceeds; and it is further ORDERED, that pursuant to EPTL 5-4.6(a) (2), the sum of $175,000.00 shall be paid as described above, and said payments shall be made by defendant, FAIRVIEW NURSING CARE CENTER, INC., or their insurance carrier pursuant to CPLR § 5003-a within 21 days of receipt of an executed copy of the within Order, duly executed general release and stipulation discontinuing the action from plaintiff; and it is further -3- 3 of 5 FILED: QUEENS COUNTY CLERK 11/01/2018 04:01 PM INDEX NO. 702662/2015 NYSCEF DOC. NO. 29 RECEIVED NYSCEF: 11/01/2018 ORDERED, that said release and stipulation of discontinuance shall be held in escrow by defense counsel pending full receipt and collection of defendants' settlement obligation; and it is further ORDERED, that the LAW FIRM OF D.F. TRUBOWSKY, shall forthwith take all steps necessary to obtain an allocation of the settlement sums and distribution of the settlement proceeds to the appropriate distributees by a compromise directed to the Surrogate's Court, County of Queens; and it is further ORDERED, that pursuant to EPTL 5-4.6, all settlement sums received by the LAW FIRM OF DS. TRUHOWSKY, shall immediately be placed in an interest bearing escrow account; and it is further ORDERED, that pursuant to EPTL 5-4.6(a)(2), upon collection of the settlement funds and placement of same into an interest bearing escrow account, and after submission to this Court of proof of a filing of a petition for allocation and distribution of the settlement proceeds in the Surrogate's Court, County of Queens, the attorney for the Administrator, the LAW FIRM OF D.F. TRUHOWSICY, shall hereby be permitted to withdraw and pay its herein approved attorneys' fees and reimbursable disbursements from said escrow account; and it is further ORDERED, that after payment from the escrow account of the Medicaid/ Department of Social Services lien, United Healthcare/Optum lien, attorneys' fee and the attorneys' disbursements, the funds remaining in the escrow account shall continue to be held in said account pending the entry of an order or decree of the -4- 4 of 5 FILED: QUEENS COUNTY CLERK 11/01/2018 04:01 PM INDEX NO. 702662/2015 NYSCEF DOC. NO. 29 RECEIVED NYSCEF: 11/01/2018 Surrogate's Court, Queens County determining the allocation and distribution of such funds; and it is further ORDERED, that pursuant to EPTL Section 5-4.6, the attorney for the Administrator, the LAW FIRM OF D.E. TRUHOWSKY, shall continue to serve as attorney for the Estate until the entry of a final Decree in the Sun-ogate's Court allocating and distributing the settlement proceeds; and it is further ORDERED, that the Administrator is authorized to discontinue with prejudice all claims against all defendants. ENTER A.,. J. S. C. - 5- 5 of 5