Preview
FILED: NEW YORK COUNTY CLERK 06/01/2020 12:47 PM INDEX NO. 160385/2019
NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 06/01/2020
expedite the process, on that same day the individual involved in the previous attacks then
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. S.P. was taken out of the school on June
18 and missed 9 days of school and the need for her to be transferred 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, I received an
offer of settlement from representative of The City of New York in the amount of $90,000.00.
This settlement was recommended by our office to avoid litigation and due to the nature of
this case involving an infant and to avoid further involvement of the child itwas best to settle
this action. After receiving the offer, I discussed the offer with Gina and Hari Polavarapu and
they found itto be acceptable.
Your affirmants respectfully request 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. $29,997.00 payable to Kramer, Dillof, Livingston & Moore, Esqs. which represents
attorneys'
their fee;
B. $60,003.00 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 Apple
Bank located at 10 Hanover Square, New York, New York 10005, there will be no access to
said account;
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FILED: NEW YORK COUNTY CLERK 06/01/2020 12:47 PM INDEX NO. 160385/2019
NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 06/01/2020
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
time to be appointed legal guardians for the benefit of S.P.. Itis expected 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 all funds held at Apple Bank on her behalf shall be released to her
individually.
attorneys'
As for our fee in this case, it is requested that this Court approve an
attorneys' thirty-
fee under retainer of three and one-third (33 1/3) percentage of the sum
recovered which is $29,997.00 (Attached hereto as an Exhibit). Gina Polavarapu and Hari
Polavarapu approve of the fee requested as seen in their accompanying affidavit.
No other action or proceeding has been commenced on behalf of S.P., Gina Polavarapu
or Hari Polavarapu as a result of the action in which she suffered injury.
Your affirmant respectfully states that directly or indirectly has neither become
concerned in the settlement at the instance of a party or person opposing, or with interest
adverse to, the infant S. P. nor received or will receive any compensation from such party, and
whether or not they have represented or now represents any other person asserting a claim
arising from the same occurrence.
I am of the belief that the settlement as proposed is inthe best interests of S.P. and
will help toward providing security and support throughout her natural life.
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FILED: NEW YORK COUNTY CLERK 06/01/2020 12:47 PM INDEX NO. 160385/2019
NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 06/01/2020
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 billsoutstanding
against S.P.. S.P. was never a Medicare or Medicaid beneficiary.
No other action has been brought for or on behalf of S.P. except the within action.
No previous application for the relief sought herein has been made to any court or
judge,
WHEREFORE, itis respectfully requested that the Court grant leave to Gina Polavarapu
and Hari Polavarapu to settle and compromise the cause of action of S.P., 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 General Release and any other papers and
documents necessary to settle this case and effectuate payment of the monies.
Dated: New York, New York
March 31, 2020
CARMINE A. RUBlNO
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FILED: NEW YORK COUNTY CLERK 06/01/2020 12:47 PM INDEX NO. 160385/2019
NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 06/01/2020
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,
SUPPLEMENTAL AFFIRMATION
Petitioners,
- against - Index No.:
THE CITY OF NEW YORK,
Respondents.
-----------------------------------------------------------------------------X
Carmine A. Rubino, Esq., an attorney duly admitted to practice before the Courts of
the State of New York and a member of the law firm of Kramer, Dillof, Livingston & Moore,
Esqs., hereby affirms the following to be true, upon information and belief, under the
penalties of perjury:
On or about February 19, 2019, Mr. & Mrs. Hari Polavarapu retained our office to
investigate the injuries sustained by their daughter S.P.. A retainer agreement was filed with
the Office of Court Administration and received a judicial code number of .
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. to be continually bullied,
assaulted, and strangled and as a result of the trauma she sustained now requires extensive
11th 12th
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. Mrs. Polavarapu sought to transfer S. P. to another school.
On or about June 18, 2018 Gina Polavarapu inquired through the Department of Education
about transferring her daughter S.P. where the principal was required to fillout a form to
1
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Preview
FILED: NEW YORK COUNTY CLERK 06/01/2020 12:47 PM INDEX NO. 160385/2019 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 06/01/2020 expedite the process, on that same day the individual involved in the previous attacks then 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. S.P. was taken out of the school on June 18 and missed 9 days of school and the need for her to be transferred 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, I received an offer of settlement from representative of The City of New York in the amount of $90,000.00. This settlement was recommended by our office to avoid litigation and due to the nature of this case involving an infant and to avoid further involvement of the child itwas best to settle this action. After receiving the offer, I discussed the offer with Gina and Hari Polavarapu and they found itto be acceptable. Your affirmants respectfully request 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. $29,997.00 payable to Kramer, Dillof, Livingston & Moore, Esqs. which represents attorneys' their fee; B. $60,003.00 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 Apple Bank located at 10 Hanover Square, New York, New York 10005, there will be no access to said account; 2 1 of 4 FILED: NEW YORK COUNTY CLERK 06/01/2020 12:47 PM INDEX NO. 160385/2019 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 06/01/2020 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 time to be appointed legal guardians for the benefit of S.P.. Itis expected 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 all funds held at Apple Bank on her behalf shall be released to her individually. attorneys' As for our fee in this case, it is requested that this Court approve an attorneys' thirty- fee under retainer of three and one-third (33 1/3) percentage of the sum recovered which is $29,997.00 (Attached hereto as an Exhibit). Gina Polavarapu and Hari Polavarapu approve of the fee requested as seen in their accompanying affidavit. No other action or proceeding has been commenced on behalf of S.P., Gina Polavarapu or Hari Polavarapu as a result of the action in which she suffered injury. Your affirmant respectfully states that directly or indirectly has neither become concerned in the settlement at the instance of a party or person opposing, or with interest adverse to, the infant S. P. nor received or will receive any compensation from such party, and whether or not they have represented or now represents any other person asserting a claim arising from the same occurrence. I am of the belief that the settlement as proposed is inthe best interests of S.P. and will help toward providing security and support throughout her natural life. 3 2 of 4 FILED: NEW YORK COUNTY CLERK 06/01/2020 12:47 PM INDEX NO. 160385/2019 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 06/01/2020 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 billsoutstanding against S.P.. S.P. was never a Medicare or Medicaid beneficiary. No other action has been brought for or on behalf of S.P. except the within action. No previous application for the relief sought herein has been made to any court or judge, WHEREFORE, itis respectfully requested that the Court grant leave to Gina Polavarapu and Hari Polavarapu to settle and compromise the cause of action of S.P., 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 General Release and any other papers and documents necessary to settle this case and effectuate payment of the monies. Dated: New York, New York March 31, 2020 CARMINE A. RUBlNO 4 3 of 4 FILED: NEW YORK COUNTY CLERK 06/01/2020 12:47 PM INDEX NO. 160385/2019 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 06/01/2020 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, SUPPLEMENTAL AFFIRMATION Petitioners, - against - Index No.: THE CITY OF NEW YORK, Respondents. -----------------------------------------------------------------------------X Carmine A. Rubino, Esq., an attorney duly admitted to practice before the Courts of the State of New York and a member of the law firm of Kramer, Dillof, Livingston & Moore, Esqs., hereby affirms the following to be true, upon information and belief, under the penalties of perjury: On or about February 19, 2019, Mr. & Mrs. Hari Polavarapu retained our office to investigate the injuries sustained by their daughter S.P.. A retainer agreement was filed with the Office of Court Administration and received a judicial code number of . 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. to be continually bullied, assaulted, and strangled and as a result of the trauma she sustained now requires extensive 11th 12th 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. Mrs. Polavarapu sought to transfer S. P. to another school. On or about June 18, 2018 Gina Polavarapu inquired through the Department of Education about transferring her daughter S.P. where the principal was required to fillout a form to 1 4 of 4