At an I.A.S. Submit Part Rm 315 of the. Supreme Court of the State of New York, held in and for the County of New York at

Transcription

1 At an I.A.S. Submit Part Rm 315 of the Supreme Court of the State of New York, held in and for the County of New York at 60 Centre St., New York, NY on the 2017 day of, PRESENT: HON. MARTIN SHULMAN, J.S.C. SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK X Index No.: /2014 MONIQUE HINTON, as Administratrix of the Estate of GILDA CANNELLA, deceased, Plaintiff, ORDER OF COMPROMISE PURSUANT TO EPTL against- ROBERT A. ALDOROTY, M.D., HARRY R. SCHANZER, M.D., VARINDER PHANGUREH, M.D. and MOUNT SINAI MEDICAL CENTER, X Defendants. X Upon the annexed affirmation of Ross Raggio, Esq., duly affirmed to on the 4th day of December, 2017, and upon all the pleadings and proceedings heretofore had herein, and after due deliberation thereon, NOW, on motion of KRENTSEL & GUZMAN, LLP, attorneys for plaintiff, it is hereby ORDERED, that the settlement provided herein is deemed adequate and in the best interests of the Estate; and it is further, ORDERED, that MONIQUE HINTON, as Administratrix of the Estate of GILDA

2 CANNELLA, deceased, be and is hereby authorized and permitted to settled and compromise the above entitled action for injuries sustained by the decedent as a result of alleged medical malpractice against MOUNT SINAI MEDICAL CENTER for the sum of FIVE HUNDRED THOUSAND Dollars ($500,000). A copy of the releases signed by the Plaintiff are annexed hereto as Exhibit 1; and it is further, ORDERED, that Plaintiff waives application of CPLR 5003-a. Payment of the Total Settlement Amount will be made no later than 60 days after the Defendant, THE MOUNT SINAI HOSPITAL receives a fully and properly executed Settlement Agreement, Stipulation of Discontinuance, General Release, Hold Harmless Agreement, which documents in a form suitable to the Defendant, THE MOUNT SINAI HOSPITAL will be supplied by the Defendant, THE MOUNT SINAI HOSPITAL, to the Plaintiff and whose current terms are incorporated by reference into this Settlement Agreement, a signed and entered Supreme Court Order of Compromise pursuant to EPLT 5-4.6, as well as final Lien letters from any lien holder, including, to the extent applicable, the New York City Human Resources Administration and the Centers for Medicare and Medicaid Services of the United States Department of Health and Human Services. Defendant's counsel will hold in escrow the Stipulation of Discontinuance pending Plaintiff's receipt of payment of the Total Settlement Amount, less any amount utilized to satisfy any liens; and it is further, ORDERED, that Defendant will issue drafts made payable to the lien holders to satisfy any liens, a copy of these final lien amounts are annexed hereto as Exhibit 2; including: (1) a draft in the amount of $23, payable to "Medicare" to satisfy the Medicare lien and; (2) a draft in the amount of $10, payable to the "Human Resources

3 Administration" Administration to satisfy the New York City Department of Social Services lien; and it is further, ORDERED, that the Defendant shall issue a draft made payable to "Monique Hinton, as Administratrix of the Estate of Gilda Cannella, and Krentsel & Guzman, LLP as attorneys" in the amount of FOUR HUNDRED SIXTY-FIVE THOUSAND, SEVEN HUNDRED NINETY- FIVE DOLLARS AND TWENTY-ONE CENTS ($465,795.21) as payment of Settlement in full, less the amounts used to satisfy the Medicare and Department of Social Services liens and; it if further, ORDERED, that upon receipt of the settlement monies, plaintiff's attorneys shall deposit the funds, less the amounts utilized to satisfy the aforementioned liens, 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 allocation and distribution in the Surrogate's Court on behalf of the decedent's estate, plaintiff's attorneys may draw a check in the total sum of, ONE HUNDRED FORTY THREE THOUSAND, FOUR HUNDRED EIGHTY DOLLARS and FIVE CENTS ($143,480.05), as and for their attorney's fees in the amount of ONE HUNDRED THIRTY-FIVE THOUSAND, FIVE HUNDRED SIX DOLLARS and SIXTY-FIVE CENTS ($135,506.65) and reimbursement of disbursements in the amount of SEVEN THOUSAND, NINE HUNDRED SEVENTY THREE DOLLARS and FORTY CENTS ($7,973.40). See Exhibit 1; and it is further, ORDERED, that the balance of the settlement monies in the sum of THREE HUNDRED TWENTY-TWO THOUSAND, THREE HUNDRED AND FIFTEEN DOLLARS and SIXTEEN CENTS ($322,315.16) shall be held in said interest bearing escrow account pending a further order from the Surrogate s Court in regard to the allocation and distribution of said funds;

4 and it is further, ORDERED, that KRENTSEL & GUZMAN, LLP, 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 filing of a bond is hereby dispensed with. ENTER J.S.C.

5 Index No.: /2014 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK MONIQUE HINTON, as Administratrix of the Estate of GILDA CANNELLA, deceased, -against- Plaintiff, ROBERT A. ALDOROTY, M.D. et al., Defendants PROPOSED EPTL ORDER KRENTSEL & GUZMAN Attorneys for: Plaintiff(s) Office and Post Office Address, Telephone 17 Battery Place, 4604 New York, New York (212) Attorney(s) for To Service of a copy of the within is hereby admitted. Dated, Attorney(s) for PLEASE TAKE NOTICE: O NOTICE OF ENTRY that the within is a (certified) true copy of a duly entered in the office of the clerk of the within name court on 19 O NOTICE OF SETTLEMENT that an order of which the within is a true copy will be presented for settlement to the HON. one of the judges of the within named Court, at on 19 at M. Dated, Yours, etc. LAW OFFICE OF KRENTSEL & GUZMAN, LLP.