Preview
FILED: NEW YORK COUNTY CLERK 11/06/2019 10:48 AM INDEX NO. 160385/2019
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 05/05/2020
At an I.A.S. Part of the Supreme Court of the State
of New York, held in and for the County of New York,
60 Centre Street, New York, New York on the __
day of , 2020.
P R E S E N T:
HONORABLE DAKOTA D. RAMSEUR
Justice.
----------------------------------------------------------------------------------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, COMPROMISE ORDER
- against - Index No.:160385/2019
THE CITY OF NEW YORK,
Defendants.
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Upon reading and filing the affidavits of Gina Polavarapu and Hari Polavarapu, dated the
8th day of May, 2019; the affirmation of Carmine A. Rubino, Esq., dated the 8th day of May, 2019;
upon the report of Ajay Mirani, M.D., dated August 27, 2018; and S.P. being 8 years of age having
been born on June 3, 2011; and S.P. having suffered injury and being mentally incompetent; and
upon all of the pleadings and proceedings had herein; it is
Upon motion of KRAMER, DILLOF, LIVINGSTON & MOORE, ESQS, attorneys for the plaintiffs
herein, it is
ORDERED, that this matter be and the same hereby is compromised and settled as set forth
herein, and it is further,
1 of 3
FILED: NEW YORK COUNTY CLERK 11/06/2019 10:48 AM INDEX NO. 160385/2019
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 05/05/2020
ORDERED, that based upon the financial requirements to have the infant’s full name
appear on the settlement checks provisions of 22 NYCRR §202.5(e) are hereby waived for good
cause, and it is further,
ORDERED, that the action of S.P., an infant by her parents and natural guardians Gina
Polavarapu and Hari Polavarapu, and Gina Polavarapu, Individually, and Hari Polavarapu,
Individually, Petitioner’s as against The City of New York is hereby settled for the total sum of
$90,000.00, and it is further,
ORDERED, that Respondents, The City of New York, by their representatives shall, within
90 days of presentation of this Compromise Order, a duly executed General Release and Hold
Harmless agreement shall issue checks for a total of $90,000.00 as follows:
A. $29,997.00 payable to Kramer, Dillof, Livingston & Moore, Esqs. which represents their
attorneys’ fee;
B. $60,003.00 made payable to Gina Polavarapu and Hari Polavarapu as custodians for
Sienna Polavarapu, 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;
and it is further;
ORDERED, that upon respondents The City of New York, or their representatives, issuing
the full settlement amount of $90,000.00, The City of New York their representatives, shall be held
harmless and indemnified from any claim and/or lien that may be claimed against this lawsuit,
now and in the future. Petitioners will have the sole responsibility to address any claim and/or lien
that may become known, and currently no lien exists regarding any claim in this action, and it is
further,
2 of 3
FILED: NEW YORK COUNTY CLERK 11/06/2019 10:48 AM INDEX NO. 160385/2019
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 05/05/2020
ORDERED, that upon the infant reaching the age of eighteen on June 3, 2029
Apple Bank, shall transfer or releases the funds held for S.P. to S.P. Individually, and it is further,
ORDERED, that Apple Bank, is directed to comply with any further order of this Court and
other Court with jurisdiction over S.P., an infant, and release any and all funds as provided for in
the order, and it is further,
Ordered, that Gina Polavarapu and Hari Polavarapu are hereby waiving their loss of
services claim; and it is further,
ORDERED, that the filing of a bond is not required at this time, and it is further,
ORDERED, that any claims and/or bills of the respondents against S.P. which arose from
the facts and circumstances of this lawsuit shall not be enforced, and it is further,
ORDERED, that this Order and the papers upon which isbased issealed except to the
parties, their attorneys of record and authorized Court personnel, and it is further,
ORDERED, that Gina Polavarapu and Hari Polavarapu are hereby granted leave to
execute a General Release and any other papers or documents necessary to effectuate the
settlement embodied therein.
E N T E R:
______________________________
J. S.C.
3 of 3
Preview
FILED: NEW YORK COUNTY CLERK 11/06/2019 10:48 AM INDEX NO. 160385/2019 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 05/05/2020 At an I.A.S. Part of the Supreme Court of the State of New York, held in and for the County of New York, 60 Centre Street, New York, New York on the __ day of , 2020. P R E S E N T: HONORABLE DAKOTA D. RAMSEUR Justice. ----------------------------------------------------------------------------------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, COMPROMISE ORDER - against - Index No.:160385/2019 THE CITY OF NEW YORK, Defendants. ----------------------------------------------------------------------------------X Upon reading and filing the affidavits of Gina Polavarapu and Hari Polavarapu, dated the 8th day of May, 2019; the affirmation of Carmine A. Rubino, Esq., dated the 8th day of May, 2019; upon the report of Ajay Mirani, M.D., dated August 27, 2018; and S.P. being 8 years of age having been born on June 3, 2011; and S.P. having suffered injury and being mentally incompetent; and upon all of the pleadings and proceedings had herein; it is Upon motion of KRAMER, DILLOF, LIVINGSTON & MOORE, ESQS, attorneys for the plaintiffs herein, it is ORDERED, that this matter be and the same hereby is compromised and settled as set forth herein, and it is further, 1 of 3 FILED: NEW YORK COUNTY CLERK 11/06/2019 10:48 AM INDEX NO. 160385/2019 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 05/05/2020 ORDERED, that based upon the financial requirements to have the infant’s full name appear on the settlement checks provisions of 22 NYCRR §202.5(e) are hereby waived for good cause, and it is further, ORDERED, that the action of S.P., an infant by her parents and natural guardians Gina Polavarapu and Hari Polavarapu, and Gina Polavarapu, Individually, and Hari Polavarapu, Individually, Petitioner’s as against The City of New York is hereby settled for the total sum of $90,000.00, and it is further, ORDERED, that Respondents, The City of New York, by their representatives shall, within 90 days of presentation of this Compromise Order, a duly executed General Release and Hold Harmless agreement shall issue checks for a total of $90,000.00 as follows: A. $29,997.00 payable to Kramer, Dillof, Livingston & Moore, Esqs. which represents their attorneys’ fee; B. $60,003.00 made payable to Gina Polavarapu and Hari Polavarapu as custodians for Sienna Polavarapu, 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; and it is further; ORDERED, that upon respondents The City of New York, or their representatives, issuing the full settlement amount of $90,000.00, The City of New York their representatives, shall be held harmless and indemnified from any claim and/or lien that may be claimed against this lawsuit, now and in the future. Petitioners will have the sole responsibility to address any claim and/or lien that may become known, and currently no lien exists regarding any claim in this action, and it is further, 2 of 3 FILED: NEW YORK COUNTY CLERK 11/06/2019 10:48 AM INDEX NO. 160385/2019 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 05/05/2020 ORDERED, that upon the infant reaching the age of eighteen on June 3, 2029 Apple Bank, shall transfer or releases the funds held for S.P. to S.P. Individually, and it is further, ORDERED, that Apple Bank, is directed to comply with any further order of this Court and other Court with jurisdiction over S.P., an infant, and release any and all funds as provided for in the order, and it is further, Ordered, that Gina Polavarapu and Hari Polavarapu are hereby waiving their loss of services claim; and it is further, ORDERED, that the filing of a bond is not required at this time, and it is further, ORDERED, that any claims and/or bills of the respondents against S.P. which arose from the facts and circumstances of this lawsuit shall not be enforced, and it is further, ORDERED, that this Order and the papers upon which isbased issealed except to the parties, their attorneys of record and authorized Court personnel, and it is further, ORDERED, that Gina Polavarapu and Hari Polavarapu are hereby granted leave to execute a General Release and any other papers or documents necessary to effectuate the settlement embodied therein. E N T E R: ______________________________ J. S.C. 3 of 3