Preview
FILED: NEW YORK COUNTY CLERK 11/06/2019 10:48 AM INDEX NO. 160385/2019
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 11/06/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
------------------- ---------------------------X
In the Matter of S. P., an infant by her Parents and natural
guardians Gina Polavarapu and Hari Polavarapu, and Gina
Polavarapu, Individually, and Hari Polavarapu Individually,
Plaintiffs, AFFIDAVIT
- against - |ndex No.:160385/2019
THE CITY OF NEW YORK,
Defendants.
X
STATE OF NEW YORK)
COUNTY OF NEW YORK)
Gina Polavarapu and Hari Polavarapu, being duly sworn, deposes and says:
We are the parents and natural guardians of S. P. and we are representing our
daughter in this action. S.P. was born on June 3, 2011 and is 8 years of age. We reside at 15
William Street, Apt 16H, New York, New York 10005.
On or about February 19, 2019, we retained the services of Kramer, Dillof, Livingston
& Moore, Esqs. to investigate the injuries sustained by our daughter S. P.. A retainer
agreement was filed with the Office of Court Administration and received a judicial code
number of 4225955. This matter involved several incidents that took place while in school
and under the supervision of the Department of Education which resulted in S. P. being
continually bullied, assaulted, and strangled and due to the trauma that she sustained
11th 12th
requires extensive psychological treatment. On or about June and June an
individual hit S. P. 9 times with a lunch box while at school. Mr. & Mrs. Polavarapu contacted
the Principal, who essentially did nothing to correct the issue. Gina sought to transfer S. P.
. .
to another school. On or about June 18, 2018 Gina inquired through the Department of
Education about transferring S. P. and the principal was required to fill out a form to
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expedite the process, on that same day the individual involved used a rope to tie around S.
P.'s neck. This action prompted several parents to circulate a petition to sign that there was
a lack of supervision. Our daughter was taken out of school on June 18 and missed 9 days of
school and the need for her to be transferred from that school from that school to a
different school was completed. S. P. did not lose any wages as a result of her injury. S. P. is
able to return to full and unrestricted activity.
Prior to suit being commenced in the Supreme Court, County of New York settlement
negotiations ensued. After several days of extensive settlement negotiations, Carmine A.
Rubino, Esq., senior member of Kramer, Dillof, Livingston & Moore, Esqs., received an offer
of settlement from representative of The City of New York in the amount of $90,000.00.
After receiving the offer, Mr. Rubino discussed the offer with us and we found it to be
acceptable.
It isrespectfully requested that the settlement, to wit, $90,000.00 will be paid within
90 days upon the service of a duly executed General Release, and Hold Harmless agreement
by respondent New York City Health and Hospitals Corporation through their representatives
as follows:
A. $27,000.00 payable to Kramer, Dillof, Livingston & Moore, Esqs. which represents
attorneys'
their fee;
B. $63,000.00 made payable to Gina Polavarapu and Hari Polavarapu as custodians for
S. P., an infant to be deposited in a UGMA (Uniform Gifts to Minor Act Account) with
Chase Bank, N.A. located at 45 wall Street, New York, New York 10005, there will be no
access to said account;
In the event, S. P. shows evidence of not being mentally competent prior to her
reaching the age of eighteen, both of us will make an application to the applicable law at the
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time to be appointed legal guardians for the benefit of S. P. It isexpected that S, P. will have
full mental capacity and therefore request that upon S. P. reaching the age of eighteen years
old on June 3, 2029 allfunds held at Chase Bank, N.A. on her behalf shall be released to her
individually.
The firm of Kramer, Dillof, Livingston & Moore, Esqs. is requesting a fee of
$27,000.00. We fully consent to and endorse the fee and disbursements and request that
the Court approve same. We firmly believe that without the hard work and dedication of Mr.
Rubino and the attorney's in his office, this settlement would not have taken place.
No other action or proceeding has been conunc-noed on behalf of S. P., Gina
Polavarapu or Hari Polavarapu as a result of the action in which she suffered injury.
On information and belief, there are no other creditors of S. P. nor are there any
outstanding liens upon the recovery in this case. There are no unpaid medical bills
outstanding against S. P.. S. P. was never a Medicare or Medicaid beneficiary.
No previous application for the relief sought herein has been made to any court or
judge,
WHEREFORE, it is respectfully requested that the Court grant leave to Gina
Polavarapu and Hari Polavarapu to settle and compromise the cause of action of Sienna
Polavarapu, an infant by Gina Polavarapu and Hari Polavarapu, Petitioners as against The
City of New York, Respondents for the total sum of $90,000.00 with amounts paid in
accordance with the terms set forth within the Compromise Order; and it is further
requested that the Court grant leave to Gina Polavarapu and Hari Polavarapu to sign a
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NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 11/06/2019
General Release and any other papers and documents necessary to settle this case and
effectuate payment of the monies.
HARI POLAVARAPU
Sworn to before me this
a of 2019
nace 0
489CAL
Commission E xpiresAugust 26,
7
.
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Preview
FILED: NEW YORK COUNTY CLERK 11/06/2019 10:48 AM INDEX NO. 160385/2019 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 11/06/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ------------------- ---------------------------X In the Matter of S. P., an infant by her Parents and natural guardians Gina Polavarapu and Hari Polavarapu, and Gina Polavarapu, Individually, and Hari Polavarapu Individually, Plaintiffs, AFFIDAVIT - against - |ndex No.:160385/2019 THE CITY OF NEW YORK, Defendants. X STATE OF NEW YORK) COUNTY OF NEW YORK) Gina Polavarapu and Hari Polavarapu, being duly sworn, deposes and says: We are the parents and natural guardians of S. P. and we are representing our daughter in this action. S.P. was born on June 3, 2011 and is 8 years of age. We reside at 15 William Street, Apt 16H, New York, New York 10005. On or about February 19, 2019, we retained the services of Kramer, Dillof, Livingston & Moore, Esqs. to investigate the injuries sustained by our daughter S. P.. A retainer agreement was filed with the Office of Court Administration and received a judicial code number of 4225955. This matter involved several incidents that took place while in school and under the supervision of the Department of Education which resulted in S. P. being continually bullied, assaulted, and strangled and due to the trauma that she sustained 11th 12th requires extensive psychological treatment. On or about June and June an individual hit S. P. 9 times with a lunch box while at school. Mr. & Mrs. Polavarapu contacted the Principal, who essentially did nothing to correct the issue. Gina sought to transfer S. P. . . to another school. On or about June 18, 2018 Gina inquired through the Department of Education about transferring S. P. and the principal was required to fill out a form to 4 1 of 4 FILED: NEW YORK COUNTY CLERK 11/06/2019 10:48 AM INDEX NO. 160385/2019 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 11/06/2019 expedite the process, on that same day the individual involved used a rope to tie around S. P.'s neck. This action prompted several parents to circulate a petition to sign that there was a lack of supervision. Our daughter was taken out of school on June 18 and missed 9 days of school and the need for her to be transferred from that school from that school to a different school was completed. S. P. did not lose any wages as a result of her injury. S. P. is able to return to full and unrestricted activity. Prior to suit being commenced in the Supreme Court, County of New York settlement negotiations ensued. After several days of extensive settlement negotiations, Carmine A. Rubino, Esq., senior member of Kramer, Dillof, Livingston & Moore, Esqs., received an offer of settlement from representative of The City of New York in the amount of $90,000.00. After receiving the offer, Mr. Rubino discussed the offer with us and we found it to be acceptable. It isrespectfully requested that the settlement, to wit, $90,000.00 will be paid within 90 days upon the service of a duly executed General Release, and Hold Harmless agreement by respondent New York City Health and Hospitals Corporation through their representatives as follows: A. $27,000.00 payable to Kramer, Dillof, Livingston & Moore, Esqs. which represents attorneys' their fee; B. $63,000.00 made payable to Gina Polavarapu and Hari Polavarapu as custodians for S. P., an infant to be deposited in a UGMA (Uniform Gifts to Minor Act Account) with Chase Bank, N.A. located at 45 wall Street, New York, New York 10005, there will be no access to said account; In the event, S. P. shows evidence of not being mentally competent prior to her reaching the age of eighteen, both of us will make an application to the applicable law at the 5 2 of 4 FILED: NEW YORK COUNTY CLERK 11/06/2019 10:48 AM INDEX NO. 160385/2019 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 11/06/2019 time to be appointed legal guardians for the benefit of S. P. It isexpected that S, P. will have full mental capacity and therefore request that upon S. P. reaching the age of eighteen years old on June 3, 2029 allfunds held at Chase Bank, N.A. on her behalf shall be released to her individually. The firm of Kramer, Dillof, Livingston & Moore, Esqs. is requesting a fee of $27,000.00. We fully consent to and endorse the fee and disbursements and request that the Court approve same. We firmly believe that without the hard work and dedication of Mr. Rubino and the attorney's in his office, this settlement would not have taken place. No other action or proceeding has been conunc-noed on behalf of S. P., Gina Polavarapu or Hari Polavarapu as a result of the action in which she suffered injury. On information and belief, there are no other creditors of S. P. nor are there any outstanding liens upon the recovery in this case. There are no unpaid medical bills outstanding against S. P.. S. P. was never a Medicare or Medicaid beneficiary. No previous application for the relief sought herein has been made to any court or judge, WHEREFORE, it is respectfully requested that the Court grant leave to Gina Polavarapu and Hari Polavarapu to settle and compromise the cause of action of Sienna Polavarapu, an infant by Gina Polavarapu and Hari Polavarapu, Petitioners as against The City of New York, Respondents for the total sum of $90,000.00 with amounts paid in accordance with the terms set forth within the Compromise Order; and it is further requested that the Court grant leave to Gina Polavarapu and Hari Polavarapu to sign a 6 3 of 4 FILED: NEW YORK COUNTY CLERK 11/06/2019 10:48 AM INDEX NO. 160385/2019 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 11/06/2019 General Release and any other papers and documents necessary to settle this case and effectuate payment of the monies. HARI POLAVARAPU Sworn to before me this a of 2019 nace 0 489CAL Commission E xpiresAugust 26, 7 . .. 4 of 4