Upon reading and filing the sworn narrative of Dr. Inna Khval, sworn to July 25, 2018;

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1 P R E S E N T : At the Supreme Court of the City of New York, County of Richmond, located at 26 Central Ave, Staten Island, NY 10301, on the day of, Hon. Justice Thomas P. Aliotta X KATHERINE SOKOLOFF, an infant under the age of fourteen (14) years, by her father and natural guardian, EDWARD SOKOLOFF PERCHICK, and EDWARD SOKOLOFF PERCHICK, individually, -against- Plaintiffs, THE CITY OF NEW YORK, THE NEW YORK CITY DEPARTMENT OF TRANSPORTATION, THE NEW YORK CITY DEPARTMENT OF EDUCATION and HOLY ROSARY SCHOOL, INFANT S COMPROMISE ORDER SETTLING ACTION Index No.: /16 Defendants X Upon reading and filing the sworn narrative of Dr. Inna Khval, sworn to July 25, 2018; the affidavits of EDWARD SOKOLOFF PERCHICK, father of the infant Plaintiff, KATHERINE SOKOLOFF, and Plaintiff, KATHERINE SOKOLOFF, both duly sworn to and verified August 9, 2018, and the affirmation of Salvatore J. Sciangula, Esq., affirmed August 10, 2018, and, and it appearing that the infant Plaintiff, KATHERINE SOKOLOFF, being th fifteen (15) years of age, having been born on the 11 day of May, 2003, and the infant, the father and their attorney, having appeared and examined before the Court on the day of, 2018, and it appearing that the best interest of the said infant will be 1

2 served by said settlement; NOW, on motion of AUCIELLO LAW GROUP, P.C., attorneys for Plaintiffs, it is; ORDERED, that EDWARD SOKOLOFF PERCHICK, Plaintiff, and father and Natural Guardian of the infant Plaintiff, KATHERINE SOKOLOFF, is hereby authorized and empowered to settle and compromise the infant Plaintiff, KATHERINE SOKOLOFF, claims for the total present sum of THIRTY-FIVE THOUSAND DOLLARS ($35,000.00), upon the following terms: 1. That the Defendants, THE CITY OF NEW YORK, THE NEW YORK CITY DEPARTMENT OF TRANSPORTATION and THE NEW YORK CITY DEPARTMENT OF EDUCATION, pay the current sum of ONE THOUSAND, FIVE HUNDRED DOLLARS ($1,500.00)(for simplicity, entirely payable to Plaintiff), in full settlement of the infant s claims herein; 2. That the Defendant, HOLY ROSARY SCHOOL, pay the current sum of THIRTY-THREE THOUSAND, FIVE HUNDRED DOLLARS ($33,500.00), in full settlement of the infant s claims herein; 3. That out of the said total sum, the Defendants are authorized and directed to pay to AUCIELLO LAW GROUP, P.C., attorneys for the Plaintiffs, the Sum of TWELVE THOUSAND, TWO HUNDRED and SIXTY-SIX DOLLARS and SIXTY-SEVEN CENTS ($12,266.67)(for simplicity, entirely payable by Defendant, HOLY ROSARY SCHOOL), payable currently and directly to AUCIELLO LAW GROUP, P.C., in full settlement of the attorneys claims for compensation and services, which includes costs and disbursements; 3. That the remaining sum of TWENTY-TWO THOUSAND, SEVEN 2

3 HUNDRED and THIRTY-THREE DOLLARS and THIRTY-THREE CENTS ($22,733.33)(payable $1, by NYC and $21, by Holy Rosary), to be paid to, and be received by, EDWARD SOKOLOFF PERCHICK, father and natural guardian of the infant Plaintiff, KATHERINE SOKOLOFF, jointly, with an officer of the following Bank:, and shall be deposited in a Time Deposit or Certificate of Deposit Account. Said funds shall be deposited in one of the aforementioned Banks, in the name of EDWARD SOKOLOFF PERCHICK, father and natural guardian of the infant Plaintiff, KATHERINE SOKOLOFF, JOINTLY, with an officer of one of said Banks, to be held in trust for the infant Plaintiff, KATHERINE SOKOLOFF, and for the sole use and benefit of the Plaintiff, KATHERINE SOKOLOFF, in accounts paying the HIGHEST RATE OF INTEREST AVAILABLE, subject to further Order of this Court, until the infant reaches the age of eighteen (18) years, and it is; FURTHER ORDERED, that the aforesaid Time Deposit or Certificate of Deposit Account shall be continuously renewed, upon maturity, at the highest rate of interest then available, except that on the date of maturity, which shall not exceed the infant Plaintiff, th KATHERINE SOKOLOFF s, eighteenth (18 ) birthday, and when no such Time Deposit or Certificate of Deposit Account is available, the accumulated funds shall then be placed in the selected Bank s Insured Money Market Account (Collectively, Accounts ), and it is; FURTHER ORDERED, that there shall be no right of withdrawal from any of the th aforesaid Accounts, until the infant Plaintiff, KATHERINE SOKOLOFF s, eighteenth (18 ) birthday, except upon the further Order of this Court, which shall be certified by the Clerk of the Court, and it is; 3

4 FURTHER ORDERED, that the aforementioned selected Bank is hereby directed, upon KATHERINE SOKOLOFF s demand, and proper proof of age, and without further Order of this Court, to pay over, when KATHERINE SOKOLOFF reaches the age of eighteen (18) years, all monies held by the Bank in said Account, and it is; ORDERED, that the cause of action of EDWARD SOKOLOFF PERCHICK, Plaintiff, and father and Natural Guardian of the infant Plaintiff, KATHERINE SOKOLOFF, is hereby discontinued; ORDERED, that, conditioned upon full compliance with the terms of this Order, EDWARD SOKOLOFF PERCHICK, Plaintiff, and Father and Natural Guardian of the infant Plaintiff, KATHERINE SOKOLOFF, be and is hereby authorized and empowered to execute and deliver any and all appropriate settlement documents necessary hereunder, including any settlement agreements and releases to effectuate the settlement herein, and it is further; ORDERED, that the filing of a bond be dispensed with, in accordance with N.Y. C.P.L.R (c). Dated: Staten Island, NY, 2018 E N T E R : J.S.C. THOMAS P. ALIOTTA 4

5 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF RICHMOND X KATHERINE SOKOLOFF, an infant under the age of fourteen (14) years, by her father and natural guardian, EDWARD SOKOLOFF PERCHICK, and EDWARD SOKOLOFF PERCHICK, individually, -against- Plaintiffs, THE CITY OF NEW YORK, THE NEW YORK CITY DEPARTMENT OF TRANSPORTATION, THE NEW YORK CITY DEPARTMENT OF EDUCATION and HOLY ROSARY SCHOOL, PHYSICIAN S AFFIRMATION Index No.: /16 Defendants X I, Inna Khval, M.D., affirm, with a reasonable degree of medical certainty, under the penalties of perjury, and the applicable provisions of the Laws and Rules of New York State, that the statements contained herein are true and accurate: 1. I am a physician that specializes in Pediatric Medicine, duly licensed to practice medicine in the State of New York and I maintain an office for said practice at 3090 Richmond Road, Staten Island, NY 10306, Tel: I received and reviewed the infant Plaintiff, KATHERINE SOKOLOFF s, medical records relative to the matter herein. 3. On October 27, 2014, at or about 12:05 P.M, the child fell into a defective street recess area located on Jerome Avenue, approximately one hundred feet (100') North of Jerome

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7 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF RICHMOND X KATHERINE SOKOLOFF, an infant under the age of fourteen (14) years, by her father and natural guardian, EDWARD SOKOLOFF PERCHICK, and EDWARD SOKOLOFF PERCHICK, individually, -against- Plaintiffs, THE CITY OF NEW YORK, THE NEW YORK CITY DEPARTMENT OF TRANSPORTATION, THE NEW YORK CITY DEPARTMENT OF EDUCATION and HOLY ROSARY SCHOOL, AFFIDAVIT OF FATHER Index No.: /16 Defendants X STATE OF NEW YORK } COUNTY OF QUEENS } } ss.: EDWARD SOKOLOFF PERCHICK, being duly sworn deposes and says: 1. I am the Father of the infant Plaintiff, KATHERINE SOKOLOFF. 2. The infant Plaintiff, KATHERINE SOKOLOFF, and I currently reside at 53 New Lane, Staten Island, NY KATHERINE SOKOLOFF is fifteen (15) years of age, having been born on May 11, On October 27, 2014 at approximately 12:05 PM, the infant Plaintiff fell at, within and around a defective street recess area located on Jerome Avenue, approximately one

8 hundred feet (100') North of Jerome Avenue s intersection with MacClean Avenue, in the County of Richmond, City and State of New York, and suffered a left ankle fracture. 5. My child, KATHERINE SOKOLOFF, did not lose any earnings, wages or income and has fully recovered from her injuries, with range of motion complications, as discussed in Dr. Inna Khval s July 25, 2018 affidavit. 6. Although I do not know the exact accounting of my child s medical bills, all the bills were paid in full, to the best of my knowledge, by my private health insurance, and there are no liens. 7. In October 2014, we agreed to compensate AUCIELLO LAW GROUP, P.C. in the form of a One Third retainer, along with repayment of costs and disbursements. 8. Dr. Khval advises us my child is fully recovered from the injuries she sustained in her within accident, in her July 25, 2018 visit. Moreover, I can otherwise personally attest that at the present time, overall, the physical condition of my child is good. 9. My attorneys inform me that the Defendants offered to settle my child s claims for a total of THIRTY-FIVE THOUSAND DOLLARS ($35,000.00), and that this settlement offer must be confirmed by this Court. My attorneys also advise me that this settlement offer is fair and equitable, based upon the facts and circumstances surrounding my child s accident, the liability with respect to this matter and, most importantly, the injuries sustained by my child. 10. The proposed distribution of the settlement is as follows: The total sum of the attorneys claims for costs, disbursements, compensation and services, in the sum of TWELVE THOUSAND, TWO HUNDRED and SIXTY-SIX DOLLARS and SIXTY-SEVEN CENTS ($12,266.67), payable currently and directly to 2

9 AUCIELLO LAW GROUP, P.C., in full settlement of the attorneys claims; and the balance, in the sum of TWENTY-TWO THOUSAND, SEVEN HUNDRED and THIRTY-THREE DOLLARS and THIRTY-THREE CENTS ($22,733.33), in full settlement of the our claims as presented hereunder. 11. I believe that the settlement and proposed distribution is fair, compensatory and in the best interest of my child. I approve of the offer, the settlement of the instant matter and the proposed distribution. Further, I request the Court s approval of the instant compromise offer, rather than risk the uncertainty and expense of protracted litigation. Moreover, I do not wish to subject my child to testifying at Trial. 12. No other action or proceeding has been commenced on behalf of the infant or myself as a result of the accident in which the infant was injured. 13. I hereby waive all of my claims herein for loss of services, etc. of my child. 14. I am not now, nor have I ever been, concerned in the settlement of this action, directly or indirectly, at the instance of Defendants, Defendant s insurer, Defendant s attorneys or representatives of any other party, with interests adverse to that of the my child, KATHERINE SOKOLOFF. I have not received, nor will I receive, any relief, or payment, directly, or indirectly, from Defendants, their attorneys or representatives or by anyone who has an adverse interest to my child, the infant Plaintiff herein. 15. No previous application for the relief sought herein has been made to any court or judge. 3

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11 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF RICHMOND X KATHERINE SOKOLOFF, an infant under the age of fourteen (14) years, by her father and natural guardian, EDWARD SOKOLOFF PERCHICK, and EDWARD SOKOLOFF PERCHICK, individually, -against- Plaintiffs, THE CITY OF NEW YORK, THE NEW YORK CITY DEPARTMENT OF TRANSPORTATION, THE NEW YORK CITY DEPARTMENT OF EDUCATION and HOLY ROSARY SCHOOL, AFFIDAVIT OF INFANT Index No.: /165. Defendants X STATE OF NEW YORK } COUNTY OF QUEENS } } ss.: KATHERINE SOKOLOFF, being duly sworn deposes and says: 1. I am the infant Plaintiff herein. 2. I currently reside at 53 New Lane, Staten Island, NY with my father, EDWARD SOKOLOFF PERCHICK. 3. I am fifteen (15) years of age, having been born on May 11, On October 27, 2014 at approximately 12:05 PM, the infant Plaintiff fell at, within and around a defective street recess area located on Jerome Avenue, approximately one

12 hundred feet (100') North of Jerome Avenue s intersection with MacClean Avenue, in the County of Richmond, City and State of New York, and suffered a left ankle fracture. 5. I did not lose any earnings, wages or income and have fully recovered from my injuries, as discussed in Dr. Khval s July 25, 2018 affidavit.. 6. Although I do not know the exact accounting of my medical bills, all my bills were paid in full, to the best of my knowledge, by my father s private health insurance, and there are no liens. 7. In October 2014, we agreed to compensate AUCIELLO LAW GROUP, P.C. in the form of a One Third retainer, along with repayment of costs and disbursements. 8. Dr. Khval advises me I am fully recovered from the injuries I sustained in my accident, in her July 25, 2018 visit. Moreover, I can otherwise personally attest that at the present time, overall, my physical condition is good. 9. My attorneys inform me that the Defendants offered to settle my claims for a total of THIRTY-FIVE THOUSAND DOLLARS ($35,000.00), and that this settlement offer must be confirmed by this Court. My attorneys also advise me that this settlement offer is fair and equitable, based upon the facts and circumstances surrounding my accident, the liability with respect to this matter and, most importantly, the injuries I sustained. 10. The proposed distribution of the settlement is as follows: The total sum of the attorneys claims for costs, disbursements, compensation and services, in the sum of TWELVE THOUSAND, TWO HUNDRED and SIXTY-SIX DOLLARS and SIXTY-SEVEN CENTS ($12,266.67), payable currently and directly to AUCIELLO LAW GROUP, P.C., in full settlement of the attorneys claims; and the balance, 2

13 in the sum of TWENTY-TWO THOUSAND, SEVEN HUNDRED and THIRTY-THREE DOLLARS and THIRTY-THREE CENTS ($22,733.33), in full settlement of the my claims as presented hereunder. 11. I believe that the settlement and proposed distribution is fair, compensatory and in my best interest. I approve of the offer, the settlement of the instant matter and the proposed distribution. Further, I request the Court s approval of the instant compromise offer, rather than risk the uncertainty and expense of protracted litigation. Moreover, I do not wish to subject myself to testifying at Trial. 12. No other action or proceeding has been commenced on my behalf or my father as a result of the accident in which I was injured. 13. I am not now, nor have I ever been, concerned in the settlement of this action, directly or indirectly, at the instance of Defendants, Defendant s insurer, Defendant s attorneys or representatives of any other party, with interests adverse to myself. I have not received, nor will I receive, any relief, or payment, directly, or indirectly, from Defendants, their attorneys or representatives or by anyone who has an adverse interest to myself, as the infant Plaintiff herein. 14. No previous application for the relief sought herein has been made to any court or judge. 3

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15 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF RICHMOND X KATHERINE SOKOLOFF, an infant under the age of fourteen (14) years, by her father and natural guardian, EDWARD SOKOLOFF PERCHICK, and EDWARD SOKOLOFF PERCHICK, individually, -against- Plaintiffs, THE CITY OF NEW YORK, THE NEW YORK CITY DEPARTMENT OF TRANSPORTATION, THE NEW YORK CITY DEPARTMENT OF EDUCATION and HOLY ROSARY SCHOOL, ATTORNEY S AFFIRMATION Index No.: /16 Defendants X Salvatore J. Sciangula, an attorney at law, duly admitted to practice law before the Courts of the State of New York, and of counsel to AUCIELLO LAW GROUP, P.C., the attorneys for Plaintiffs herein, affirms the following to be true pursuant to N.Y. C.P.L.R and under the penalties of perjury. 1. Your affirmant is fully familiar with the facts and circumstances surrounding the within issues, submits this affirmation in support of the within application to settle and compromise a claim brought to recover damages for personal injuries, and otherwise, suffered by the infant Plaintiff, KATHERINE SOKOLOFF, by her father, EDWARD SOKOLOFF PERCHICK. 2. On October 27, 2014 at approximately 12:05 PM, the infant Plaintiff fell at, within and around a defective street recess area located on Jerome Avenue, approximately one

16 hundred feet (100') North of Jerome Avenue s intersection with MacClean Avenue, in the County of Richmond, City and State of New York, and suffered a left ankle fracture. 3. After the incident, the infant was accompanied by her family to Ivy Urgent Care, and she later received follow-up treatments at Orthopaedic Surgical Consultant, P.C. She was last examined by Dr. Inna Khval on July 25, 2018, where she received a current diagnosis of her injury. Upon information and belief, the father s private health insurance paid all medical bills in full and there are no liens. 4. In October 2014, Plaintiffs agreed to compensate AUCIELLO LAW GROUP, P.C. in the form of a One Third retainer, along with repayment of costs and disbursements. 5. Plaintiffs counsels office thereafter interviewed the infant and her father and immediately investigated the claim and ascertained the facts of the accident and the injuries to the infant Plaintiff, KATHERINE SOKOLOFF. Meanwhile, a concurrent investigation into the medical aspects, and the medical services rendered to the infant Plaintiff, proceeded and our office secured medical reports relating to the medical treatments of the infant Plaintiff, KATHERINE SOKOLOFF. 6. Plaintiffs counsels office filed claims, exchanged all evidentiary materials, and commenced negotiations with the Defendants. Just prior to filing the Note of Issue, but after opposing each of Defendants summary judgment motions, and extensive negotiations, including proffering and examining evidence, including updated expert medical narratives, pictures, medical records and investigative materials, Defendants agreed to settle the within matter at Court settlement conference before your Honor for a total of THIRTY-FIVE THOUSAND DOLLARS ($35,000.00) to settle and compromise this action, for the personal injuries sustained 2

17 by the infant Plaintiff, KATHERINE SOKOLOFF, subject to this Court s consent. 7. In light of the liability issues presented hereunder, and the injuries sustained by the infant Plaintiff, KATHERINE SOKOLOFF, including the medical treatment and the full recovery made thereto, your affirmant highly recommends the Defendants settlement offer, which this law firm believes represents a full value settlement. 8. Plaintiffs counsels, after a thorough review of all the facts and circumstances herein, recommend the infant Plaintiff, KATHERINE SOKOLOFF, by her father, EDWARD SOKOLOFF PERCHICK, accept the Defendants offer, as the offer reflects a fair and compensatory settlement, and in our belief, the settlement is in the best interests of the infant. 9. Other than shortly after her incident and treatment, the infant has been able to perform all her daily and customary activities and functions. 10. The infant Plaintiff, KATHERINE SOKOLOFF s, father, EDWARD SOKOLOFF PERCHICK, waives any claim for loss of services. 11. The following legal services were rendered by attorneys for Plaintiffs: -Client consultation and investigation of facts and applicable laws and filing of retainer statement with Judicial Conference; -Hiring of initial investigator and playground expert to explore the Defendants premises and acquire information relative to the liability in the instant matter; -Filing and serving a Notice of Claim with the City of New York; -Attending the 50-h hearings; -Requesting and obtaining Plaintiffs medical records from numerous hospitals and medical providers; -Filing and serving the within lawsuit and RJI; 3

18 -Hiring and paying for Plaintiff s medical experts, including paying for certain medical and examination related costs and securing appropriate narratives; -Attending numerous court conferences and depositions; -Communications with Defendants, relative to adjusting the claim and prosecution of the action; -Communications with Plaintiffs; -Opposing both of Defendants motions for summary judgment; -Preparation, service and filing of Infant s Compromise Order. 12. Plaintiffs costs and disbursements totaled over $1,500.00, but have been reduced to this amount for accounting simplicity. 13. That out of Plaintiffs total settlement sum, the Defendants are authorized and directed to pay to AUCIELLO LAW GROUP, P.C., attorneys for the Plaintiffs, the Sum of TWELVE THOUSAND, TWO HUNDRED and SIXTY-SIX DOLLARS and SIXTY- SEVEN CENTS ($12,266.67)(for simplicity, entirely payable by Defendant, HOLY ROSARY SCHOOL), payable currently and directly to AUCIELLO LAW GROUP, P.C., in full settlement of the attorneys claims for compensation and services, which includes costs and disbursements; 14. That the remaining sum of TWENTY-TWO THOUSAND, SEVEN HUNDRED and THIRTY-THREE DOLLARS and THIRTY-THREE CENTS ($22,733.33)(payable $1, by NYC and $21, by Holy Rosary), to be paid to, and be received by, EDWARD SOKOLOFF PERCHICK, father and natural guardian of the infant Plaintiff, KATHERINE SOKOLOFF, in full settlement of the Plaintiffs claims as against the 4

19 Defendants. 15. Your affirmant s office is not now, nor has it ever been, concerned in the settlement of this action, directly or indirectly, at the instance of Defendants, Defendant s insurer, Defendant s attorneys or representatives of any other party, with interests adverse to that of our client, the infant Plaintiff, KATHERINE SOKOLOFF. Plaintiffs counsels have not received, nor will they receive, any relief, or payment, directly, or indirectly, from Defendants, its attorneys or representatives, other than that what is applied for herein. This office, through any member of its firm, never presented, nor do we now present, any other claim arising from this same occurrence. 16. The Defendants payments would represent full and final satisfaction of the within action, and entitle Defendants to a release from any and all causes of action relative to the instant matter. 17. No prior application for the relief requested herein has been made to this or any other, Court. 5

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21 Index No Year 2016 RJI No. Hon. SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF RICHMOND KATHERINE SOKOLOFF, an infant under the age of fourteen (14) years, by her father and natural guardian, EDWARD SOKOLOFF PERCHICK, and EDWARD SOKOLOFF PERCHICK, individually, -against- Plaintiffs, THE CITY OF NEW YORK, THE NEW YORK CITY DEPARTMENT OF TRANSPORTATION, THE NEW YORK CITY DEPARTMENT OF EDUCATION and HOLY ROSARY SCHOOL, Defendants. INFANT S COMPROMISE ORDER AUCIELLO LAW GROUP, P.C. PLAINTIFFS Attorneys for Office and Post Office Address, Telephone TH 26 COURT STREET - 11 FLOOR BROOKLYN, NY T: (347) F: (718) E: AUCIELLOLAW@GMAIL.COM To Signature (Rule a) Attorney(s) for... Print name beneath Service of a copy of the within Dated, Is hereby admitted.... Attorney(s) for To Please take notice NOTICE OF ENTRY that the within is a (certified) true copy of a duly entered in the office of the clerk of the within named court on 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 on at M Dated, Yours, etc. AUCIELLO LAW GROUP, P.C. Attorneys for PLAINTIFFS Office and Post Office Address TH 26 COURT STREET - 11 FLOOR Attorney(s) for BROOKLYN, NY T: (347) F: (718) E: AUCIELLOLAW@GMAIL.COM