On September 16, 2021 a
Motion-Secondary
was filed
involving a dispute between
In The Matter Of Drb Capital, Llc,
and
B. Buckle,
Brighthouse Life Insurance Company,
for Special Proceedings - Other (Transfer of Structure)
in the District Court of Yates County.
Preview
FILED: YATES COUNTY CLERK 09/16/2021 03:31 PM INDEX NO. 2021-5237
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 09/16/2021
SUPREME COURT
STATE OF NEW YORK COUNTY OF YATES
In the matter of DRB Capital, LLC,
Petitioner ATTORNEY
AFFIRMATION
vs
Index No.
B. Buckle, and Brighthouse Life Insurance
Company,
As Interested Parties
Donald W. Jensen, Esquire, sworn, deposes and states:
being duly
1. I am an attorney duly licensed to practice law in the State of New York, and a partner
with Jensen & Jensen, attorneys for Petitioner, DRB Capital, LLC. As such, I am
familiar with the facts, circumstances, and prior proceedings in this action.
2. I make this Affirmation in support of Petitioner's application requesting the Court's
approval of a transfer of structured settlement payment rights between DRB Capital,
LLC and Payee, and addressing the requirements of CPLR§2217(b).
3. Upon information and belief, pursuant to CPLR §2217(b), there have been prior
applications for similar relieffiled to Steuben County Supreme Court Index No.
90948(Approved) and Ontario County Supreme Court Index No. 110292(Approved).
4. The current application to transfer structured settlement payment rights was filed by a
factoring company known as DRB Capital, LLC, a company which has not transacted
with Payee in the past.
5. In the instant application, Payee seeks to transfer part of their structured settlement,
specifically 12 monthly payments of $748.87 on or about October 31, 2032
commencing
and ending on or about September 30, 2033, and 147 life-contingent monthly payments
1 of 2
FILED: YATES COUNTY CLERK 09/16/2021 03:31 PM INDEX NO. 2021-5237
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 09/16/2021
of 748.87 on or about October 31, 2033 and on or about December
commencing ending
31, 2045. In return Payee shall receive the sum of $16,292.82 from DRB Capital, LLC.
6. The proposed transfer of structured settlement payment rights complies with the
requirements of GOL §5-1701 et.seq.,is fair and reasonable given the low effective rate
for mainly life-contingent payments, and is also in the best interests of Payee to provide
funds which will afford the Payee with the to for his wife's funeral costs
opportunity pay
and for the expense of a tombstone.
Donald W. JeMen, Esquiré
Counsel for Petitioner
Reg. # 2050185
44 Court Street, Ste. 1217
Brooklyn, NY 11201
(570)344-8723
2 of 2
Document Filed Date
September 16, 2021
Case Filing Date
September 16, 2021
Category
Special Proceedings - Other (Transfer of Structure)
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Preview
FILED: YATES COUNTY CLERK 09/16/2021 03:31 PM INDEX NO. 2021-5237 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 09/16/2021 SUPREME COURT STATE OF NEW YORK COUNTY OF YATES In the matter of DRB Capital, LLC, Petitioner ATTORNEY AFFIRMATION vs Index No. B. Buckle, and Brighthouse Life Insurance Company, As Interested Parties Donald W. Jensen, Esquire, sworn, deposes and states: being duly 1. I am an attorney duly licensed to practice law in the State of New York, and a partner with Jensen & Jensen, attorneys for Petitioner, DRB Capital, LLC. As such, I am familiar with the facts, circumstances, and prior proceedings in this action. 2. I make this Affirmation in support of Petitioner's application requesting the Court's approval of a transfer of structured settlement payment rights between DRB Capital, LLC and Payee, and addressing the requirements of CPLR§2217(b). 3. Upon information and belief, pursuant to CPLR §2217(b), there have been prior applications for similar relieffiled to Steuben County Supreme Court Index No. 90948(Approved) and Ontario County Supreme Court Index No. 110292(Approved). 4. The current application to transfer structured settlement payment rights was filed by a factoring company known as DRB Capital, LLC, a company which has not transacted with Payee in the past. 5. In the instant application, Payee seeks to transfer part of their structured settlement, specifically 12 monthly payments of $748.87 on or about October 31, 2032 commencing and ending on or about September 30, 2033, and 147 life-contingent monthly payments 1 of 2 FILED: YATES COUNTY CLERK 09/16/2021 03:31 PM INDEX NO. 2021-5237 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 09/16/2021 of 748.87 on or about October 31, 2033 and on or about December commencing ending 31, 2045. In return Payee shall receive the sum of $16,292.82 from DRB Capital, LLC. 6. The proposed transfer of structured settlement payment rights complies with the requirements of GOL §5-1701 et.seq.,is fair and reasonable given the low effective rate for mainly life-contingent payments, and is also in the best interests of Payee to provide funds which will afford the Payee with the to for his wife's funeral costs opportunity pay and for the expense of a tombstone. Donald W. JeMen, Esquiré Counsel for Petitioner Reg. # 2050185 44 Court Street, Ste. 1217 Brooklyn, NY 11201 (570)344-8723 2 of 2