Preview
INDEX NO. 85139/2016
FILED: RICHMOND COUNTY CLERK 1272172016 07:50 PM
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 12/21/2016
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF RICHMOND
wane aa. ano. wane anne menenn
IN THE MATTER OF ND aminor Index No
under the age of 18 by ETHEL SIMPSON, her mother
and guardian for Leave to Compromise and Settle the
Claim of N , an infant
ATTORNEY
AFFIRMATION
Petitioner,
-against-
Geico Indemnity Company
Respondent.
wane, oe wane a manne wane: X
BRYAN BARENBAUM, ES! Q., an attorney at law duly admitted to practice law
in the State of New York, affirms the following under the penalty of perjury:
1 I am an attorney for the Petitioners in the above action and maintain an
office at 2060 Eastern Parkway, Brooklyn, New York 11207.
2 I am not related to the infant Petitioner herein or to any party in this action
or proceeding.
3 On or about December 4, 2014, the Petitioner N.L. by her mother Ethel
Simpson retained my law firm by written retainer to represent them in an action for
personal injuries sustained by Plaintiff infant, N.L. By the terms of the retainer, my firm
is to receive, 33 1/3% of the total recovery for legal services rendered on behalf of the
infant Plaintiff, including any recovery for loss of services and medical expenses.
4 A statement of retainer was filed with the Office of Court Administration,
and received statement number NYC OCA 7298237 FEB 20 15.
5 On November 21, 2014, N.L. was injured while a passenger in a motor
vehicle, which was owned and operated by her mother Ethel Simpson which vehicle was
lof 4
hit by a vehicle owned and operated by REUBEN AKINFEMI and insured by Geico
Indemnity Company, which vehicle rearended her mother’s vehicle, at or near Thomas
Boyland Street and Dean Street in the County of Kings, State of New York, Exhibit A.
6. As a result of the accident, NED Qap eccived back injuries, for which
she sought treatment at Brookdale Hospital, Exhibit B, and with Dr. Walter Pizzi,
Exhibit C.
7 As per the annexed Affirmation of Walter F. Pizzi, M.D., the infant
Petitioner has fully recovered from the injuries sustained in the accident. The affirmation
is attached hereto, Exhibit D.
8 At end of lengthy negotiations for the settlement of this matter, we
received an offer in the sum of FOUR THOUSAND DOLLARS ($4000.00) from Geico
Indemnity Company, on behalf of their insured Defendant, REUBEN AKINFEMI. This
settlement offer was approved by the infant petitioner’s mother and legal guardian, Ethel
Simpson. The Petition of Parent Ethel Simpson is attached hereto.
9 The proposed distribution of settlement is as follows:
SIXTEEN and 50/00 DOLLARS ($16.50) paid to the LAW OFFICES OF BRYAN
BARENBAUM as attorneys, in full payment for expenses, as per the retainer agreement.
ONE THOUSAND THREE HUNDRED TWENTY SEVEN and 83/00
DOLLARS ($1,327.83) paid to the LAW OFFICES OF BRYAN BARENBAUM as
attorneys, for full payment of legal fees, as per the retainer agreement.
TWO THOUSAND SIX HUNDRED FIFTY FIVE and 67/00 ($2,655.67)
payabale to ETHEL SIMPSON, as mother and natural guardian of N.L., jointly with an
officer of a bank chosen by the Court, to be held in the highest interest bearing account
20f 4
for the sole use and benefit of N.L., until she attains the age of eighteen (18) years, or
until a further Order from the Court, whichever comes first.
10. All of the infant Petitioner’s medical expenses have been paid for by
Petitioner’s No-Fault Insurance.
iL. I believe it would be in the best interests of N.L. to accept said settlement
sum, rather than incur the additional costs of protracted litigation in this matter. The
permanency of N.L.’s injuries are uncertain. Additionally, the infant has made a complete
recovery and has no residual problems from the injuries sustained as a result of said
motor vehicle accident.
12. The following legal services were rendered in this matter:
13. I conducted a full and complete investigation into the facts of this matter,
processed the no fault benefits, obtained complete medical records, forwarded specials to
the insurance company, negotiated this compromise, prepared these compromise papers,
and will attend a Court hearing on this matter. I will then prepare general releases and
arrange for the disposition of the settlement monies. A copy of the proposed Order is
annexed hereto as Exhibit E.
14. In accordance with the terms of the retainer herein, I respectfully ask the
Court to fix the legal fee at $1,327.83, which is a fair and reasonable value of the legal
services rendered, exclusive of disbursements in the amount of $16.50 paid to the LAW
OFFICES OF BRYAN BARENBAUM as attorneys, in full payment for expenses, as per
the retainer agreement.
15. I, nor any member of my law firm, became interested or concerned in the
settlement at the instance of a party or person opposing, or with interests adverse to the
3 0f 4
infant, directly or indirectly; nor have I received, nor will I receive any compensation
from such party.
16. No previous application for the relief sought herein has been made to this,
or any other Court.
WHEREFORE, your affiant respectfully requests the Court to make and enter and
Order herein for the relief sought.
DATED: December 21, 2016
Brooklyn, New York
LSE et
Bryah B argnbaum, Esq.
Law Offices of Bryan Barenbaum
2060 Eastern Parkway
Brooklyn, New York 11207
(718) 421-1111
4 of 4
Preview
INDEX NO. 85139/2016 FILED: RICHMOND COUNTY CLERK 1272172016 07:50 PM NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 12/21/2016 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF RICHMOND wane aa. ano. wane anne menenn IN THE MATTER OF ND aminor Index No under the age of 18 by ETHEL SIMPSON, her mother and guardian for Leave to Compromise and Settle the Claim of N , an infant ATTORNEY AFFIRMATION Petitioner, -against- Geico Indemnity Company Respondent. wane, oe wane a manne wane: X BRYAN BARENBAUM, ES! Q., an attorney at law duly admitted to practice law in the State of New York, affirms the following under the penalty of perjury: 1 I am an attorney for the Petitioners in the above action and maintain an office at 2060 Eastern Parkway, Brooklyn, New York 11207. 2 I am not related to the infant Petitioner herein or to any party in this action or proceeding. 3 On or about December 4, 2014, the Petitioner N.L. by her mother Ethel Simpson retained my law firm by written retainer to represent them in an action for personal injuries sustained by Plaintiff infant, N.L. By the terms of the retainer, my firm is to receive, 33 1/3% of the total recovery for legal services rendered on behalf of the infant Plaintiff, including any recovery for loss of services and medical expenses. 4 A statement of retainer was filed with the Office of Court Administration, and received statement number NYC OCA 7298237 FEB 20 15. 5 On November 21, 2014, N.L. was injured while a passenger in a motor vehicle, which was owned and operated by her mother Ethel Simpson which vehicle was lof 4 hit by a vehicle owned and operated by REUBEN AKINFEMI and insured by Geico Indemnity Company, which vehicle rearended her mother’s vehicle, at or near Thomas Boyland Street and Dean Street in the County of Kings, State of New York, Exhibit A. 6. As a result of the accident, NED Qap eccived back injuries, for which she sought treatment at Brookdale Hospital, Exhibit B, and with Dr. Walter Pizzi, Exhibit C. 7 As per the annexed Affirmation of Walter F. Pizzi, M.D., the infant Petitioner has fully recovered from the injuries sustained in the accident. The affirmation is attached hereto, Exhibit D. 8 At end of lengthy negotiations for the settlement of this matter, we received an offer in the sum of FOUR THOUSAND DOLLARS ($4000.00) from Geico Indemnity Company, on behalf of their insured Defendant, REUBEN AKINFEMI. This settlement offer was approved by the infant petitioner’s mother and legal guardian, Ethel Simpson. The Petition of Parent Ethel Simpson is attached hereto. 9 The proposed distribution of settlement is as follows: SIXTEEN and 50/00 DOLLARS ($16.50) paid to the LAW OFFICES OF BRYAN BARENBAUM as attorneys, in full payment for expenses, as per the retainer agreement. ONE THOUSAND THREE HUNDRED TWENTY SEVEN and 83/00 DOLLARS ($1,327.83) paid to the LAW OFFICES OF BRYAN BARENBAUM as attorneys, for full payment of legal fees, as per the retainer agreement. TWO THOUSAND SIX HUNDRED FIFTY FIVE and 67/00 ($2,655.67) payabale to ETHEL SIMPSON, as mother and natural guardian of N.L., jointly with an officer of a bank chosen by the Court, to be held in the highest interest bearing account 20f 4 for the sole use and benefit of N.L., until she attains the age of eighteen (18) years, or until a further Order from the Court, whichever comes first. 10. All of the infant Petitioner’s medical expenses have been paid for by Petitioner’s No-Fault Insurance. iL. I believe it would be in the best interests of N.L. to accept said settlement sum, rather than incur the additional costs of protracted litigation in this matter. The permanency of N.L.’s injuries are uncertain. Additionally, the infant has made a complete recovery and has no residual problems from the injuries sustained as a result of said motor vehicle accident. 12. The following legal services were rendered in this matter: 13. I conducted a full and complete investigation into the facts of this matter, processed the no fault benefits, obtained complete medical records, forwarded specials to the insurance company, negotiated this compromise, prepared these compromise papers, and will attend a Court hearing on this matter. I will then prepare general releases and arrange for the disposition of the settlement monies. A copy of the proposed Order is annexed hereto as Exhibit E. 14. In accordance with the terms of the retainer herein, I respectfully ask the Court to fix the legal fee at $1,327.83, which is a fair and reasonable value of the legal services rendered, exclusive of disbursements in the amount of $16.50 paid to the LAW OFFICES OF BRYAN BARENBAUM as attorneys, in full payment for expenses, as per the retainer agreement. 15. I, nor any member of my law firm, became interested or concerned in the settlement at the instance of a party or person opposing, or with interests adverse to the 3 0f 4 infant, directly or indirectly; nor have I received, nor will I receive any compensation from such party. 16. No previous application for the relief sought herein has been made to this, or any other Court. WHEREFORE, your affiant respectfully requests the Court to make and enter and Order herein for the relief sought. DATED: December 21, 2016 Brooklyn, New York LSE et Bryah B argnbaum, Esq. Law Offices of Bryan Barenbaum 2060 Eastern Parkway Brooklyn, New York 11207 (718) 421-1111 4 of 4