Preview
FILED: NEW YORK COUNTY CLERK 12/11/2019 06:34 PM INDEX NO. 150316/2017
NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 12/11/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
--------------------------------------------------- X Index No.: 150316/2017E
SOLENNY SANCHEZ, as Parent and Natural Guardian of
H.D. and L.O.D., Infants,
Plaintiff(s), GUARDIAN'S
AFFIDAVIT
-against-
MOHAMAD JAAFAR and ZAHRA JAAFAR,
Defendant(s).
--------------------------------------------------- --X
STATE OF FLORIDA )
) ss.:
COUNTY OF COLLIER )
SOLENNY SANCHEZ, being duly sworn, deposes and says:
1. I am the mother and natural guardian of the infant plaintiffs, H.D. and L.O.D.
2. I respectfully request that the Court waive my appearance and that of my children
at the infant's compromise hearing as we live in Florida and travelling to New York for a hearing
would be a burden.
3. H.D. is thirteen years old. She was born in 2006. L.O.D. is fourteen years old.
He was bom in 2005.
4. I live with my children, H.D., L.O.D. and Osmar in Naples, Florida. H.D. and
L.O.D. resided at 326 Audubon Avenue, Apt. 25, New York, New York 10033 ("Subject
Premises") since approximately June of 2005 until approximately August of 2007.
5. On or about July 20, 2007, while residing at Subject Premises, H.D. was
diagnosed with an elevated blood-lead level of 11.1 µg/dl.
6. On or about July 20, 2007, while residing at the Subject Premises, L.O.D. was
diagnosed with an elevated blood-lead level of 7.8 µg/dl.
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that if DSS holds a lien against H.D.'s settlement proceeds, the lien or an agreed upon reduced
amount will have to be paid from H.D.'s settlement proceeds.
19. My attorneys have informed me that they have received a letter from Florida
Medicaid Casualty Recovery Program stating that Florida Medicaid Casualty Recovery Program
has not paid any claims relating to H.D.'s lead poisoning and is therefore closing its file.
20. I respectfully request that the Court authorize a payment in the amount of
$2,000.00 from each of my children's accounts for the purchase of a laptop computer, printer and
programs for each as well as a bicycle for each. They need the laptop computer and printers for
their schoolwork. They do not qualify for bus service because we do not live far from their
respective schools, therefore a bicycle will facilitate their transport to and from school. I am a
single mother I do not have the funds to purchase the items for them.
21. I am not aware of any valid liens against the proceeds of my children's settlement
other than the one set forth above.
22. I know of no unpaid medical bills. All medical bills have been paid by Medicaid.
23. H.D. and L.O.D. did not lose any time from school as a result of their lead
poisoning.
24. H.D. and L.O.D. did not experience any loss of wages as a result of their lead
poisoning.
25. I have not received reimbursement for medical or other expenses from any source.
26. I agree to hold the settling defendants and/or their insurer(s) harmless from any
claimed liens.
27. No other action or proceeding has been commenced on behalf of my children or I
as a result of my children's injuries other than the claims asserted in this lawsuit.
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NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 12/11/2019
Total Fees: $41,396.12
16. After discussions with my attorneys, I agree to the following distribution of the
proceeds of L.O.D.'s settlement:
a. $54,707.76 to be paid to The Fitzgerald Law Firm, P.C., calculated as
follows:
Expenses..................$13,311.64
Attorney's Fees.........$41,396.12
Total.........................$54,707.76
b. $2,805.21 to the Florida Medicaid Casualty Recovery Program in full
satisfaction of its lien against L.O.D.'s settlement proceeds; and
c. $79,987.03 to be paid to Solenny Sanchez as mother and natural guardian
of L.O.D. jointly with an officer of a bank to be named by the Court to be
deposited in Solenny Sanchez's name, as mother and natural guardian of
L.O.D., an infant, to be held for L.O.D.'s sole benefit in an account paying
the highest rate of interest available subject to CPLR §§1206 and1210 (d)
and to the further order of this Court.
9*
17. L.O.D. attends Gulf Coast High School in Naples, Florida. He is in the grade.
L.O.D. is not in the Special Education program, but does attend an afterschool enrichinent
program. He enjoys science, but is having difficulties with grammar. L.O.D. receives behavioral
services through the David Lawrence Center and takes 54 mg of Concentra for ADD.
18. My attorneys have informed me that they have received a non-assertion of lien
letter from the New York City Department of Social Services Human Resources Administration
("DSS") on behalf of L.O.D., but are stillwaiting for a response on behalf of H.D. I understand
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13. After discussions with my attorneys, I agree to the following distribution of the
proceeds of H.D.'s settlement:
a. $54,707.77 to be paid to The Fitzgerald Law Firm, P.C., calculated as
follows:
Expenses..................$13,311.65
Attorney's Fees.........$41,396.12
Total.........................$54,707.77
b. $82,792.23 to be paid to Solenny Sanchez as mother and natural guardian
of H.D. jointly with an officer of a bank to be named by the Court to be
deposited in Solenny Sanchez's name, as mother and natural guardian of
H.D., an infant, to be held for H.D.'s sole benefit in an account paying the
highest rate of interest available subject to CPLR §§1206 and1210 (d) and
to the further order of this Court.
8th
14. H.D. attends Oakridge Middle School in Naples, Florida. She is in the
H.D. is not in the Special Education program, but does attend an afterschool enrichment
program. She enjoys reading and math, but is having difficulties with science. H.D. receives
behavioral services through the David Lawrence Center and takes 72 mg of Concentra and 3 mg
of Intinuv for ADD.
L.O.D.
15. I have reviewed the attorney's fees on L.O.D.'s recovery against defendants
calculated as follows:
Total recovery............. $137,500.00
Less expenses...............$ 13.311.64
Net after expenses.........$124,188.36
Attorney's Fees: 1/3 of $124,188.36= $41,396.12
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7. During the period related to this lawsuit the Subject Premises was owned,
operated, managed, maintained and repaired by the defendants Mohamad Jaafar and Zahra
Jaafar.
8. On or about May 9, 2014, I retained The Fitzgerald Law Firm, P.C. on behalf of
my children, H.D. and L.O.D. and agreed that itscompensation would be alldisbursements
advanced plus the statutory share of the recovery permitted by law.
9. On or about February 26, 2019, I was advised by my attorneys that defendants
offered to settle H.D.'s and L.O.D.'s cause of action against them for a total of $275,000.00 with
$137,500.00 being allocated to H.D. and $137,500.00 being allocated to L.O.D. I approve the
terms of H.D.'s and L.O.D.'s settlement subject to the approval of the Court.
10. Due to hardship in advancing litigation expenses, I sought non-recourse
alternative litigation financing. At my request my attorneys helped me obtain non-recourse
financing.
11. The expenses incurred by my attorneys in H.D.'s and L.O.D.'s case total
$26,623.29. I understand that the expenses will be allocated as follows: $13,311.65 to H.D. and
$13,311.64 to L.O.D. I have reviewed the expenses and agree they are appropriate.
H.D.
12. I have reviewed the attorney's fees on H.D.'s recovery against defendants
calculated as follows:
Total recovery............. $137,500.00
Less expenses...............$ 13,311.65
Net after expenses.........$124,188.35
Attorney's Fees: 1/3 of $124,188.35 = $41,396.12
'
Total Fees: $41,396.12
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FILED: NEW YORK COUNTY CLERK 12/11/2019 06:34 PM INDEX NO. 150316/2017
NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 12/11/2019
28. Neither I,nor any member of my family has made any claim for damages alleged
to have been suffered as a result of the occurrence giving rise to my children's claims.
29. I have no interest in any way adverse to that of my children, nor have I become
concerned or interested herein at the request of the opposing parties, directly or indirectly.
30. I have not received, nor am I to receive any monies from the opposing parties,
directly or indirectly with respect to this settlement.
31. I hereby waive any and allclaims I have or may have for loss of my children's
services.
WHEREFORE, I respectfully request that this court make and enter an order approving
and authorizing the distribution as set forth above; approving the fees and disbursements of our
attorneys; dispensing with the filing of a bond and granting such other and further relief as this
court might deem just and proper.
SOLENETY SANCHEZ
Swgn to before me this
day of ,
On November (g , 2019,before me, a Notary Public inand forthe Stateof
Florida,personally appeared Solenny Sanchez, personally Imown tome or
proved on thebasis of satisfactoryevidence to be theindividual whose name
issubscribed tothe within document and who acknowledged to me that she
executed the same. As a notarypublic, Iam familiarwith the requirements
or thecertifimtion and authentication of signaturesinthe State ofFlorida.
ertifythatth stantsignatur notarization conforms to saidlaws.
Sig tur a fficeof ind dual ta e acknowledgment:
|
MYRNA TRUJILLO
State of Florida
Notary Public,
Commission# GG 253718
ARY expiresoct. 20, 2022
O PUBL My comm.
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Preview
FILED: NEW YORK COUNTY CLERK 12/11/2019 06:34 PM INDEX NO. 150316/2017 NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 12/11/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK --------------------------------------------------- X Index No.: 150316/2017E SOLENNY SANCHEZ, as Parent and Natural Guardian of H.D. and L.O.D., Infants, Plaintiff(s), GUARDIAN'S AFFIDAVIT -against- MOHAMAD JAAFAR and ZAHRA JAAFAR, Defendant(s). --------------------------------------------------- --X STATE OF FLORIDA ) ) ss.: COUNTY OF COLLIER ) SOLENNY SANCHEZ, being duly sworn, deposes and says: 1. I am the mother and natural guardian of the infant plaintiffs, H.D. and L.O.D. 2. I respectfully request that the Court waive my appearance and that of my children at the infant's compromise hearing as we live in Florida and travelling to New York for a hearing would be a burden. 3. H.D. is thirteen years old. She was born in 2006. L.O.D. is fourteen years old. He was bom in 2005. 4. I live with my children, H.D., L.O.D. and Osmar in Naples, Florida. H.D. and L.O.D. resided at 326 Audubon Avenue, Apt. 25, New York, New York 10033 ("Subject Premises") since approximately June of 2005 until approximately August of 2007. 5. On or about July 20, 2007, while residing at Subject Premises, H.D. was diagnosed with an elevated blood-lead level of 11.1 µg/dl. 6. On or about July 20, 2007, while residing at the Subject Premises, L.O.D. was diagnosed with an elevated blood-lead level of 7.8 µg/dl. 1 of 6 FILED: NEW YORK COUNTY CLERK 12/11/2019 06:34 PM INDEX NO. 150316/2017 NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 12/11/2019 that if DSS holds a lien against H.D.'s settlement proceeds, the lien or an agreed upon reduced amount will have to be paid from H.D.'s settlement proceeds. 19. My attorneys have informed me that they have received a letter from Florida Medicaid Casualty Recovery Program stating that Florida Medicaid Casualty Recovery Program has not paid any claims relating to H.D.'s lead poisoning and is therefore closing its file. 20. I respectfully request that the Court authorize a payment in the amount of $2,000.00 from each of my children's accounts for the purchase of a laptop computer, printer and programs for each as well as a bicycle for each. They need the laptop computer and printers for their schoolwork. They do not qualify for bus service because we do not live far from their respective schools, therefore a bicycle will facilitate their transport to and from school. I am a single mother I do not have the funds to purchase the items for them. 21. I am not aware of any valid liens against the proceeds of my children's settlement other than the one set forth above. 22. I know of no unpaid medical bills. All medical bills have been paid by Medicaid. 23. H.D. and L.O.D. did not lose any time from school as a result of their lead poisoning. 24. H.D. and L.O.D. did not experience any loss of wages as a result of their lead poisoning. 25. I have not received reimbursement for medical or other expenses from any source. 26. I agree to hold the settling defendants and/or their insurer(s) harmless from any claimed liens. 27. No other action or proceeding has been commenced on behalf of my children or I as a result of my children's injuries other than the claims asserted in this lawsuit. 2 of 6 FILED: NEW YORK COUNTY CLERK 12/11/2019 06:34 PM INDEX NO. 150316/2017 NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 12/11/2019 Total Fees: $41,396.12 16. After discussions with my attorneys, I agree to the following distribution of the proceeds of L.O.D.'s settlement: a. $54,707.76 to be paid to The Fitzgerald Law Firm, P.C., calculated as follows: Expenses..................$13,311.64 Attorney's Fees.........$41,396.12 Total.........................$54,707.76 b. $2,805.21 to the Florida Medicaid Casualty Recovery Program in full satisfaction of its lien against L.O.D.'s settlement proceeds; and c. $79,987.03 to be paid to Solenny Sanchez as mother and natural guardian of L.O.D. jointly with an officer of a bank to be named by the Court to be deposited in Solenny Sanchez's name, as mother and natural guardian of L.O.D., an infant, to be held for L.O.D.'s sole benefit in an account paying the highest rate of interest available subject to CPLR §§1206 and1210 (d) and to the further order of this Court. 9* 17. L.O.D. attends Gulf Coast High School in Naples, Florida. He is in the grade. L.O.D. is not in the Special Education program, but does attend an afterschool enrichinent program. He enjoys science, but is having difficulties with grammar. L.O.D. receives behavioral services through the David Lawrence Center and takes 54 mg of Concentra for ADD. 18. My attorneys have informed me that they have received a non-assertion of lien letter from the New York City Department of Social Services Human Resources Administration ("DSS") on behalf of L.O.D., but are stillwaiting for a response on behalf of H.D. I understand 3 of 6 FILED: NEW YORK COUNTY CLERK 12/11/2019 06:34 PM INDEX NO. 150316/2017 NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 12/11/2019 13. After discussions with my attorneys, I agree to the following distribution of the proceeds of H.D.'s settlement: a. $54,707.77 to be paid to The Fitzgerald Law Firm, P.C., calculated as follows: Expenses..................$13,311.65 Attorney's Fees.........$41,396.12 Total.........................$54,707.77 b. $82,792.23 to be paid to Solenny Sanchez as mother and natural guardian of H.D. jointly with an officer of a bank to be named by the Court to be deposited in Solenny Sanchez's name, as mother and natural guardian of H.D., an infant, to be held for H.D.'s sole benefit in an account paying the highest rate of interest available subject to CPLR §§1206 and1210 (d) and to the further order of this Court. 8th 14. H.D. attends Oakridge Middle School in Naples, Florida. She is in the H.D. is not in the Special Education program, but does attend an afterschool enrichment program. She enjoys reading and math, but is having difficulties with science. H.D. receives behavioral services through the David Lawrence Center and takes 72 mg of Concentra and 3 mg of Intinuv for ADD. L.O.D. 15. I have reviewed the attorney's fees on L.O.D.'s recovery against defendants calculated as follows: Total recovery............. $137,500.00 Less expenses...............$ 13.311.64 Net after expenses.........$124,188.36 Attorney's Fees: 1/3 of $124,188.36= $41,396.12 4 of 6 FILED: NEW YORK COUNTY CLERK 12/11/2019 06:34 PM INDEX NO. 150316/2017 NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 12/11/2019 7. During the period related to this lawsuit the Subject Premises was owned, operated, managed, maintained and repaired by the defendants Mohamad Jaafar and Zahra Jaafar. 8. On or about May 9, 2014, I retained The Fitzgerald Law Firm, P.C. on behalf of my children, H.D. and L.O.D. and agreed that itscompensation would be alldisbursements advanced plus the statutory share of the recovery permitted by law. 9. On or about February 26, 2019, I was advised by my attorneys that defendants offered to settle H.D.'s and L.O.D.'s cause of action against them for a total of $275,000.00 with $137,500.00 being allocated to H.D. and $137,500.00 being allocated to L.O.D. I approve the terms of H.D.'s and L.O.D.'s settlement subject to the approval of the Court. 10. Due to hardship in advancing litigation expenses, I sought non-recourse alternative litigation financing. At my request my attorneys helped me obtain non-recourse financing. 11. The expenses incurred by my attorneys in H.D.'s and L.O.D.'s case total $26,623.29. I understand that the expenses will be allocated as follows: $13,311.65 to H.D. and $13,311.64 to L.O.D. I have reviewed the expenses and agree they are appropriate. H.D. 12. I have reviewed the attorney's fees on H.D.'s recovery against defendants calculated as follows: Total recovery............. $137,500.00 Less expenses...............$ 13,311.65 Net after expenses.........$124,188.35 Attorney's Fees: 1/3 of $124,188.35 = $41,396.12 ' Total Fees: $41,396.12 5 of 6 FILED: NEW YORK COUNTY CLERK 12/11/2019 06:34 PM INDEX NO. 150316/2017 NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 12/11/2019 28. Neither I,nor any member of my family has made any claim for damages alleged to have been suffered as a result of the occurrence giving rise to my children's claims. 29. I have no interest in any way adverse to that of my children, nor have I become concerned or interested herein at the request of the opposing parties, directly or indirectly. 30. I have not received, nor am I to receive any monies from the opposing parties, directly or indirectly with respect to this settlement. 31. I hereby waive any and allclaims I have or may have for loss of my children's services. WHEREFORE, I respectfully request that this court make and enter an order approving and authorizing the distribution as set forth above; approving the fees and disbursements of our attorneys; dispensing with the filing of a bond and granting such other and further relief as this court might deem just and proper. SOLENETY SANCHEZ Swgn to before me this day of , On November (g , 2019,before me, a Notary Public inand forthe Stateof Florida,personally appeared Solenny Sanchez, personally Imown tome or proved on thebasis of satisfactoryevidence to be theindividual whose name issubscribed tothe within document and who acknowledged to me that she executed the same. As a notarypublic, Iam familiarwith the requirements or thecertifimtion and authentication of signaturesinthe State ofFlorida. ertifythatth stantsignatur notarization conforms to saidlaws. Sig tur a fficeof ind dual ta e acknowledgment: | MYRNA TRUJILLO State of Florida Notary Public, Commission# GG 253718 ARY expiresoct. 20, 2022 O PUBL My comm. 6 of 6