Preview
FILED: NEW YORK COUNTY CLERK 01/23/2023 03:52 PM INDEX NO. 451540/2021
NYSCEF DOC. NO. 123 RECEIVED NYSCEF: 01/23/2023
EXHIBIT C
FILED: NEW YORK COUNTY CLERK 01/23/2023 03:52 PM INDEX NO. 451540/2021
NYSCEF DOC. NO. 123 RECEIVED NYSCEF: 01/23/2023
At the Surrogate's Court of the State of New York,
at the Genesee County Courthouse,
1 West Main Street, Batavia, New York 14020,
on the 27th day of.)une, 2022.
SURROGATE'S COURT OF THE STATE OF NEW YORK
COUNTY OF GENESEE
In the Matter of the Application of KIM A. SCOTT,
as Executrix of the Estate of DECREE
DANIEL K. SCOTT, Deceased File No.: 2021-152/C
For leave to compromise a certain cause of action for
pain and suffering and wrongful death of the decedent.
2d
Upon reading and filing of the Petition of KIM A. SCOTT, sworn to the day of May, 2022,
the consents of Katelyn J. Lee and Jason D. Scott and the New York State Department of Tax and
Finance, and the attorney affidavit of Grace M. Gannon, Esq. sworn to the14th day of June, 2022, and
upon all the pleadings and proceedings heretofore had herein;
AND, it appearing to the satisfaction of the Court that there is good and sufficient reason to
permit the petitioner, KIM A. SCOTT, to compromise this action arising out of the personal injuries
and wrongful death of her husband, DANIEL K. SCOTT, to be paid by ROCHESTER INDUSTRIAL
INSULATION, INC.
the sum of inst said defendants; it is hereby
FILED: NEW YORK COUNTY CLERK 01/23/2023 03:52 PM INDEX NO. 451540/2021
NYSCEF DOC. NO. 123 RECEIVED NYSCEF: 01/23/2023
DECREED, that any claims the petitioner or anyone may have against any other parties arising
out of the injury and death of DANIEL K. SCOTT are not extinguished by this Order or settlement;
and it is further
DECREED, that KIM A. SCOTT be found to be the only distributee of DANIEL K. SCOTT
who may have suffered any pecuniary injury by virtue of the injury and death of DANIEL K. SCOTT
and that KIM A. SCOTT is the sole distributee entitled to share in or to dispose of the wrongful death
action herein; and it is further
DECREED, that notwithstanding any limitations in the Letters Testamentary with Limitations,
KIM A. SCOTT be authorized to accept sums as Executrix of the Estate of DANIEL K. SCOTT for
this settlement; and it is further
DECREED, that petitioner, KIM A. SCOTT, be allowed to execute all releases and agreements
necessary to effectuate the settlement herein and future claims against asbestos bankruptcy trusts; and
it is further
DECREED, that the limitations contained in the Letters Testamentary with Limitations are
hereby lifted for the collection and distribution of the settlement herein and future asbestos bankruptcy
settlements; and it is further
DECREED, that to the extent that the Estate of DANIEL K. SCOTT and KIM A. SCOTT
recovers settlements on the claims against trusts established to pay the liabilities of bankrupt asbestos
companies, said recoveries are to be allocated among the various causes of action in the same manner
as appmved by this Court in regard to the non-bankrupt settling defendants; and it is further
DECREED, that the filing of a bond be dispensed with; and it is further
DECREED, that from the gross proceeds from ROCHESTER INDUSTRIAL INSULATION,
INC.,
2
FILED: NEW YORK COUNTY CLERK 01/23/2023 03:52 PM INDEX NO. 451540/2021
NYSCEF DOC. NO. 123 RECEIVED NYSCEF: 01/23/2023
e gross sum o which includes disbursements in the sum of
shall be paid to Lipsitz, Ponterio & Comerford, LLC as and for their fees and disbursements; and it is
further
DECREED, that from net settlement proceeds, 10% be allocated as settlement of the cause of
action for wrongful death, 20% be allocated as settlement of the cause of action for loss of consortium,
and 70% be allocated as settlement of the cause of action for conscious pain and suffering; and it is
further
DECREED, that the proceeds of the above settlement in the amount of o be paid
by ROCHESTER I WDUSTRIAL INSULATION, INC,,
11then be distributed as follows:
TO: Lipsitz, Ponterio & Comerford, LLC $
for Disbursements
pproved by the Supreme Court)
TO: Lipsitz, Ponterio & Comerford, LLC
s'
for Attorne Fees
approved by the Supreme Court)
3
FILED: NEW YORK COUNTY CLERK 01/23/2023 03:52 PM INDEX NO. 451540/2021
NYSCEF DOC. NO. 123 RECEIVED NYSCEF: 01/23/2023
TO: KIM A. SCOTT as Surviving Spouse
of DANIEL K. SCOTT
(10% of the net proceeds to the claim
for Wrongful Death)
TO: KlM A. SCOTT as Surviving Spouse
of DANIEL K. SCOTT
(20% of the net proceeds to the claitn
for Loss of Consortium)
TO: The Estate of DANIEL K. SCOTT
(70% of the net proceeds to the claim
for Conscious Pain & Suffering)
and it is further
DECREED, that conditioned upon compliance with the terms of the order, the petitioner and
ROCHESTER INDUSTRIAL INSULATION, INC.,
shall be discharged and released from
all matters and things embraced in this Order and is discharged from all further in accordance
liability
with and pursuant to the settlement herein. ,
E N T E R E D: June 27, 2022
. SA LI AN I
Surrogate Judge
FILED
UUN27-f022
SURROGiÃTE'S COURT
GENESEE COUNTY
4
Preview
FILED: NEW YORK COUNTY CLERK 01/23/2023 03:52 PM INDEX NO. 451540/2021 NYSCEF DOC. NO. 123 RECEIVED NYSCEF: 01/23/2023 EXHIBIT C FILED: NEW YORK COUNTY CLERK 01/23/2023 03:52 PM INDEX NO. 451540/2021 NYSCEF DOC. NO. 123 RECEIVED NYSCEF: 01/23/2023 At the Surrogate's Court of the State of New York, at the Genesee County Courthouse, 1 West Main Street, Batavia, New York 14020, on the 27th day of.)une, 2022. SURROGATE'S COURT OF THE STATE OF NEW YORK COUNTY OF GENESEE In the Matter of the Application of KIM A. SCOTT, as Executrix of the Estate of DECREE DANIEL K. SCOTT, Deceased File No.: 2021-152/C For leave to compromise a certain cause of action for pain and suffering and wrongful death of the decedent. 2d Upon reading and filing of the Petition of KIM A. SCOTT, sworn to the day of May, 2022, the consents of Katelyn J. Lee and Jason D. Scott and the New York State Department of Tax and Finance, and the attorney affidavit of Grace M. Gannon, Esq. sworn to the14th day of June, 2022, and upon all the pleadings and proceedings heretofore had herein; AND, it appearing to the satisfaction of the Court that there is good and sufficient reason to permit the petitioner, KIM A. SCOTT, to compromise this action arising out of the personal injuries and wrongful death of her husband, DANIEL K. SCOTT, to be paid by ROCHESTER INDUSTRIAL INSULATION, INC. the sum of inst said defendants; it is hereby FILED: NEW YORK COUNTY CLERK 01/23/2023 03:52 PM INDEX NO. 451540/2021 NYSCEF DOC. NO. 123 RECEIVED NYSCEF: 01/23/2023 DECREED, that any claims the petitioner or anyone may have against any other parties arising out of the injury and death of DANIEL K. SCOTT are not extinguished by this Order or settlement; and it is further DECREED, that KIM A. SCOTT be found to be the only distributee of DANIEL K. SCOTT who may have suffered any pecuniary injury by virtue of the injury and death of DANIEL K. SCOTT and that KIM A. SCOTT is the sole distributee entitled to share in or to dispose of the wrongful death action herein; and it is further DECREED, that notwithstanding any limitations in the Letters Testamentary with Limitations, KIM A. SCOTT be authorized to accept sums as Executrix of the Estate of DANIEL K. SCOTT for this settlement; and it is further DECREED, that petitioner, KIM A. SCOTT, be allowed to execute all releases and agreements necessary to effectuate the settlement herein and future claims against asbestos bankruptcy trusts; and it is further DECREED, that the limitations contained in the Letters Testamentary with Limitations are hereby lifted for the collection and distribution of the settlement herein and future asbestos bankruptcy settlements; and it is further DECREED, that to the extent that the Estate of DANIEL K. SCOTT and KIM A. SCOTT recovers settlements on the claims against trusts established to pay the liabilities of bankrupt asbestos companies, said recoveries are to be allocated among the various causes of action in the same manner as appmved by this Court in regard to the non-bankrupt settling defendants; and it is further DECREED, that the filing of a bond be dispensed with; and it is further DECREED, that from the gross proceeds from ROCHESTER INDUSTRIAL INSULATION, INC., 2 FILED: NEW YORK COUNTY CLERK 01/23/2023 03:52 PM INDEX NO. 451540/2021 NYSCEF DOC. NO. 123 RECEIVED NYSCEF: 01/23/2023 e gross sum o which includes disbursements in the sum of shall be paid to Lipsitz, Ponterio & Comerford, LLC as and for their fees and disbursements; and it is further DECREED, that from net settlement proceeds, 10% be allocated as settlement of the cause of action for wrongful death, 20% be allocated as settlement of the cause of action for loss of consortium, and 70% be allocated as settlement of the cause of action for conscious pain and suffering; and it is further DECREED, that the proceeds of the above settlement in the amount of o be paid by ROCHESTER I WDUSTRIAL INSULATION, INC,, 11then be distributed as follows: TO: Lipsitz, Ponterio & Comerford, LLC $ for Disbursements pproved by the Supreme Court) TO: Lipsitz, Ponterio & Comerford, LLC s' for Attorne Fees approved by the Supreme Court) 3 FILED: NEW YORK COUNTY CLERK 01/23/2023 03:52 PM INDEX NO. 451540/2021 NYSCEF DOC. NO. 123 RECEIVED NYSCEF: 01/23/2023 TO: KIM A. SCOTT as Surviving Spouse of DANIEL K. SCOTT (10% of the net proceeds to the claim for Wrongful Death) TO: KlM A. SCOTT as Surviving Spouse of DANIEL K. SCOTT (20% of the net proceeds to the claitn for Loss of Consortium) TO: The Estate of DANIEL K. SCOTT (70% of the net proceeds to the claim for Conscious Pain & Suffering) and it is further DECREED, that conditioned upon compliance with the terms of the order, the petitioner and ROCHESTER INDUSTRIAL INSULATION, INC., shall be discharged and released from all matters and things embraced in this Order and is discharged from all further in accordance liability with and pursuant to the settlement herein. , E N T E R E D: June 27, 2022 . SA LI AN I Surrogate Judge FILED UUN27-f022 SURROGiÃTE'S COURT GENESEE COUNTY 4