Urena-Paulino v. N.Y. & Presbyterian Hosp.

Full title: FAUSTINO URENA-PAULINO, deceased, by MAYRA PAULINO, Administratrix of his…

Court: SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK

Date published: Jun 18, 2015

2013 N.Y. Slip Op. 33908 (N.Y. Sup. Ct. 2015)

Opinion

Index #: 805361/12

06-18-2015

FAUSTINO URENA-PAULINO, deceased, by MAYRA PAULINO, Administratrix of his Estate, and MAYRA PAULINO, Individually, Plaintiff, v. THE NEW YORK AND PRESBYTERIAN HOSPITAL, Defendants.

Honorable: MARTIN SHULMAN J.S.C.

ORDER OF COMPROMISE PURSUANT TO EPTL 5-4.6 Honorable: MARTIN SHULMAN J.S.C.

Upon the annexed Affidavit of MAYRA PAULINO as Administratrix of the Estate of FAUSTINO URENA-PAULINO deceased, duly verified the 2nd day of May 2013, and the, Affirmations of the attorney, LAWRENCE ROSENBLATT, dated the 21st day of May 2013 and the 2nd day of May 2013; and upon the exhibits annexed hereto, and upon the pleadings and proceedings hereto had herein and, after due deliberation thereon,

NOW, on application of ROSENBLATT, FRASCIELLO & KNIPPING-DIAZ, LLC, attorneys for the plaintiff it is hereby,

ORDERED, that the settlement provided herein is deemed adequate and in the best interest of the Estate; and it is further,

ORDERED, that the cause of action is hereby settled and discontinued against the defendant, THE NEWYORK AND PRESBYTERIAN HOSPITAL, for the total sum of ONE HUNDRED TWENTY FIVE THOUSAND DOLLARS AND NO CENTS, ($125,000.00), and it is further,

ORDERED, that MAYRA PAULINO, as Administratrix of the ESTATE of FAUSTINO URENA-PAULINO, deceased, be and is hereby authorized and permitted to settle and compromise the above entitled action for wrongful death and pain and suffering of the decedent, FAUSTINO URENA-PAULINO, against defendant, THE NEWYORK AND PRESBYTERIAN HOSPITAL for the total sum of ONE HUNDRED TWENTY FIVE THOUSAND DOLLARS AND NO CENTS ($125,000.00) and it is further,

ORDERED, that the administrator be and is hereby authorized and permitted to execute and deliver a General Release to the defendants together with any and all papers necessary to effectuate the settlement herein; and it is further,

ORDERED, that the defendant shall within the time frame set forth in CPLR 5003-a, pay the sum of, ONE HUNDRED TWENTY FIVE THOUSAND DOLLARS AND NO CENTS, ($ 125,000.00) by defendant, THE NEWYORK AND PRESBYTERIAN HOSPITAL by check payable to MAYRA PAULINO, as Administratrix of the estate of FAUSTINO URENA-PAULINO, deceased and ROSENBLATT, FRASCIELLO & KNIPPING-DIAZ, LL.C as attorneys; and it is further,

ORDERED, that upon receipt of the settlement monies, plaintiff attorneys shall deposit the funds in an interest bearing escrow account; and it is further,

ORDERED, that upon submission to this Court of proof of filing of a petition for the allocation and distribution in the Surrogate's Court on behalf of the decedent's estate, plaintiff's attorneys may draw a check for attorneys fee in the total sum of THIRTY SEVEN THOUSAND ONE HUNDRED SIXTY EIGHT DOLLARS AND TWENTY CENTS ($37,168.20) from the escrow account and reimbursement of disbursements in the amount of ONE THOUSAND ONE HUNDRED SIX DOLLARS AND NO CENTS, ($1,106.00); and it is further,

ORDERED, that the spouse of the decedent, MAYRA PAULINO, be reimbursed funeral expenses in the amount of TEN THOUSAND FOUR HUNDRED THIRTY TWO DOLLARS AND NO CENTS ($10,432.00), and it is further,

ORDERED, that the balance of the settlement money in the sum of SEVENTY SIX THOUSAND TWO HUNDRED NINETY THREE DOLLARS AND EIGHTY CENTS ($76,293.80) shall be held in said interest bearing account pending a further order from the Surrogate's Court in regard to the allocation and distribution of said funds; and it is further,

ORDERED, that ROSENBLATT, FRASCIELLO & KNIPPING-DIAZ, LLC shall continue to serve as attorney for the estate until the entry of a final Decree in the Surrogate's Court; and it is further,

ORDERED, that the requirement of the filing of a bond is waived at this time.

ENTER

/s/_________

, J.S.C.