Preview
At a Trial Term, of the Supreme Court of the State
of New York, held in and for the County of Bronx,
at 851 Grand Concourse, Bronx, New York 10451,
on the day of , 2019.
P R E S E N T:
HON. Laura G. Douglas
Justice.
----------------------------------------------------------------------X
CLEOPATRA DE-LA PAZ as ADMINISTRATOR
of the Estate of BELGICA RAPOSO, Deceased, and
CLEOPATRA DE-LA PAZ individually,
ORDER
Plaintiffs, FOR COMPROMISE
PURSUANT
-against- TO EPTL § 5-4.6
Index No.: 24408/2016E
MANHATTANVILLE SBV, LLC; MANHATTANVILLE
SBV, LLC d/b/a MANHATTANVILLE HEALTH CARE
CENTER; MANHATTANVILLE SBV, LLC d/b/a
MANHATTANVILLE REHABILITATION & HEALTH
CARE CENTER; MANHATTANVILLE HEALTH CARE
CENTER; and MANHATTANVILLE REHABILITATION
& HEALTH CARE CENTER,
Defendants.
----------------------------------------------------------------------X
Upon reading and filing the annexed affidavit of Plaintiff, CLEOPATRA DE-LA PAZ in
her capacity as Administrator of the Estate of BELGICA RAPOSO, sworn to on the 24th day of
June, 2019, the affirmation of Deborah F. Truhowsky, Esq., dated June 25, 2019 (the
“Affirmation”), and, upon finding that,
An offer of settlement in the above-captioned action in the amount of THREE
HUNDRED THOUSAND ($300,000.00) DOLLARS, by or on behalf of defendants,
MANHATTANVILLE SBV, LLC and MANHATTANVILLE SBV, LLC d/b/a
MANHATTANVILLE HEALTH CARE CENTER, has been made to fully and finally settle
the above-captioned action;
And the Administrator, CLEOPATRA DE-LA PAZ, having moved this Court pursuant
to Estates Powers & Trust Law Section 5-4.6 for approval and compromise of the total
settlement amount in the above-captioned action, for approval and compromise of her attorneys’
fees and disbursements, and for an order referring all matters relating to the allocation and
distribution of said proceeds for the determination of the Surrogate’s Court, County of Bronx;
And it has been represented that there are no due and payable expenses such as medical
bills, funeral costs or other items of the Estate, and no outstanding liens or claims against the
settlement sums except a final Medicare lien in the amount of $18,754.25, a final
Medicaid/Department of Social Services lien in the amount of $1,626.31, and funeral expense
reimbursement to CLEOPATRA DE-LA PAZ in the amount of $2,032.00;
NOW, upon said application of the Plaintiff by her attorneys, LAW FIRM OF D.F.
TRUHOWSKY, it is hereby:
ORDERED, that, pursuant to EPTL § 5-4.6(a), the settlement of the above-captioned
action by the parties herein for the total sum of THREE HUNDRED THOUSAND
($300,000.00) DOLLARS, payable as indicated, is hereby compromised and approved; and it is
further
ORDERED, that plaintiff’s attorneys’ fees in the amount of $99,900.00 and the return of
disbursements to plaintiff’s attorneys in the amount of $6,487.69 are hereby compromised and
approved; and it is further;
ORDERED, that payment by Plaintiff of the final lien to Medicare in the amount of
$18,754.25, constituting full satisfaction of all claims of Medicare and as full settlement of any
-2-
lien owed for benefits provided to BELGICA RAPOSO is hereby compromised and approved;
and it is further
ORDERED, that payment by Plaintiff of the final lien to Medicaid/Department of
Social Services in the amount of $1,626.31, constituting full satisfaction of all claims of
Medicaid/Department of Social Services and as full settlement of any lien owed for benefits
provided to BELGICA RAPOSO; and it is further
ORDERED, that reimbursement to CLEOPATRA DE-LA PAZ for the decedent’s
funeral expenses in the amount of $2,032.00 is hereby compromised and approved; and it is
further
ORDERED, that Administrator CLEOPATRA DE-LA PAZ is hereby authorized to
exchange general releases and other documents necessary to the settlement of this matter with
the named defendants herein; and it is further
ORDERED, that the Administrator CLEOPATRA DE-LA PAZ shall forthwith make
application to the Surrogate’s Court, County of Bronx, to allocate and distribute the settlement
proceeds; and it is further
ORDERED, that pursuant to EPTL § 5-4.6(a) (2), the sum of $300,000.00 shall be paid
as described above, and said payments shall be made by defendants, MANHATTANVILLE
SBV, LLC and MANHATTANVILLE SBV, LLC d/b/a MANHATTANVILLE HEALTH
CARE CENTER or their insurance carrier pursuant to CPLR § 5003-a within 21 days of receipt
of an executed copy of the within Order, duly executed general release and stipulation
discontinuing the action from plaintiff; and it is further
-3-
ORDERED, that said release and stipulation of discontinuance shall be held in escrow
by defense counsel pending full receipt and collection of defendants’ settlement obligation; and
it is further
ORDERED, that the LAW FIRM OF D.F. TRUHOWSKY, shall forthwith take all
steps necessary to obtain an allocation of the settlement sums and distribution of the settlement
proceeds to the appropriate distributees by a compromise directed to the Surrogate’s Court,
County of Bronx; and it is further
ORDERED, that pursuant to EPTL § 5-4.6, all settlement sums received by the LAW
FIRM OF D.F. TRUHOWSKY, shall immediately be placed in an interest-bearing escrow
account; and it is further
ORDERED, that pursuant to EPTL § 5-4.6(a)(2), upon collection of the settlement funds
and placement of same into an interest bearing escrow account, and after submission to this
Court of proof of filing a petition for allocation and distribution of the settlement proceeds in the
Surrogate’s Court, County of Bronx, the attorney for the Administrator, the LAW FIRM OF
D.F. TRUHOWSKY, shall hereby be permitted to withdraw and pay its herein approved
attorneys’ fees and reimbursable disbursements from said escrow account; and it is further
ORDERED, that after payment from the escrow account of the Medicaid/Department of
Social Services lien and Medicare lien, funeral expense reimbursement, attorneys’ fees and the
attorneys’ disbursements, the funds remaining in the escrow account shall continue to be held in
said account pending the entry of an order or decree of the Surrogate’s Court, Bronx County
determining the allocation and distribution of such funds; and it is further
-4-
ORDERED, that pursuant to EPTL Section 5-4.6, the attorney for the Administrator, the
LAW FIRM OF D.F. TRUHOWSKY, shall continue to serve as attorney for the Estate until
the entry of a final Decree in the Surrogate’s Court allocating and distributing the settlement
proceeds; and it is further
ORDERED, that the Administrator is authorized to discontinue with prejudice all claims
against all defendants.
ENTER
_
J. S. C.
-5-
Index # 24408/2016E
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
_________________________________________________________________________ _
CLEOPATRA DE-LA PAZ as ADMINISTRATOR
of the Estate of BELGICA RAPOSO, Deceased, and
CLEOPATRA DE-LA PAZ individually,
Plaintiffs,
-against-
MANHATTANVILLE SBV, LLC; MANHATTANVILLE
SBV, LLC d/b/a MANHATTANVILLE HEALTH CARE
CENTER; MANHATTANVILLE SBV, LLC d/b/a
MANHATTANVILLE REHABILITATION & HEALTH
CARE CENTER; MANHATTANVILLE HEALTH CARE
CENTER; and MANHATTANVILLE REHABILITATION
& HEALTH CARE CENTER,
Defendants.
_______________________________________________________________________ _______
ORDER FOR COMPROMISE PURSUANT TO EPTL § 5-4.6
________________________________________________________________
LAW FIRM OF D.F. TRUHOWSKY
Attorney for Plaintiffs
100 Park Avenue, 16th Floor
New York, New York 10017
(212) 880-6496
-6-
Preview
At a Trial Term, of the Supreme Court of the State of New York, held in and for the County of Bronx, at 851 Grand Concourse, Bronx, New York 10451, on the day of , 2019. P R E S E N T: HON. Laura G. Douglas Justice. ----------------------------------------------------------------------X CLEOPATRA DE-LA PAZ as ADMINISTRATOR of the Estate of BELGICA RAPOSO, Deceased, and CLEOPATRA DE-LA PAZ individually, ORDER Plaintiffs, FOR COMPROMISE PURSUANT -against- TO EPTL § 5-4.6 Index No.: 24408/2016E MANHATTANVILLE SBV, LLC; MANHATTANVILLE SBV, LLC d/b/a MANHATTANVILLE HEALTH CARE CENTER; MANHATTANVILLE SBV, LLC d/b/a MANHATTANVILLE REHABILITATION & HEALTH CARE CENTER; MANHATTANVILLE HEALTH CARE CENTER; and MANHATTANVILLE REHABILITATION & HEALTH CARE CENTER, Defendants. ----------------------------------------------------------------------X Upon reading and filing the annexed affidavit of Plaintiff, CLEOPATRA DE-LA PAZ in her capacity as Administrator of the Estate of BELGICA RAPOSO, sworn to on the 24th day of June, 2019, the affirmation of Deborah F. Truhowsky, Esq., dated June 25, 2019 (the “Affirmation”), and, upon finding that, An offer of settlement in the above-captioned action in the amount of THREE HUNDRED THOUSAND ($300,000.00) DOLLARS, by or on behalf of defendants, MANHATTANVILLE SBV, LLC and MANHATTANVILLE SBV, LLC d/b/a MANHATTANVILLE HEALTH CARE CENTER, has been made to fully and finally settle the above-captioned action; And the Administrator, CLEOPATRA DE-LA PAZ, having moved this Court pursuant to Estates Powers & Trust Law Section 5-4.6 for approval and compromise of the total settlement amount in the above-captioned action, for approval and compromise of her attorneys’ fees and disbursements, and for an order referring all matters relating to the allocation and distribution of said proceeds for the determination of the Surrogate’s Court, County of Bronx; And it has been represented that there are no due and payable expenses such as medical bills, funeral costs or other items of the Estate, and no outstanding liens or claims against the settlement sums except a final Medicare lien in the amount of $18,754.25, a final Medicaid/Department of Social Services lien in the amount of $1,626.31, and funeral expense reimbursement to CLEOPATRA DE-LA PAZ in the amount of $2,032.00; NOW, upon said application of the Plaintiff by her attorneys, LAW FIRM OF D.F. TRUHOWSKY, it is hereby: ORDERED, that, pursuant to EPTL § 5-4.6(a), the settlement of the above-captioned action by the parties herein for the total sum of THREE HUNDRED THOUSAND ($300,000.00) DOLLARS, payable as indicated, is hereby compromised and approved; and it is further ORDERED, that plaintiff’s attorneys’ fees in the amount of $99,900.00 and the return of disbursements to plaintiff’s attorneys in the amount of $6,487.69 are hereby compromised and approved; and it is further; ORDERED, that payment by Plaintiff of the final lien to Medicare in the amount of $18,754.25, constituting full satisfaction of all claims of Medicare and as full settlement of any -2- lien owed for benefits provided to BELGICA RAPOSO is hereby compromised and approved; and it is further ORDERED, that payment by Plaintiff of the final lien to Medicaid/Department of Social Services in the amount of $1,626.31, constituting full satisfaction of all claims of Medicaid/Department of Social Services and as full settlement of any lien owed for benefits provided to BELGICA RAPOSO; and it is further ORDERED, that reimbursement to CLEOPATRA DE-LA PAZ for the decedent’s funeral expenses in the amount of $2,032.00 is hereby compromised and approved; and it is further ORDERED, that Administrator CLEOPATRA DE-LA PAZ is hereby authorized to exchange general releases and other documents necessary to the settlement of this matter with the named defendants herein; and it is further ORDERED, that the Administrator CLEOPATRA DE-LA PAZ shall forthwith make application to the Surrogate’s Court, County of Bronx, to allocate and distribute the settlement proceeds; and it is further ORDERED, that pursuant to EPTL § 5-4.6(a) (2), the sum of $300,000.00 shall be paid as described above, and said payments shall be made by defendants, MANHATTANVILLE SBV, LLC and MANHATTANVILLE SBV, LLC d/b/a MANHATTANVILLE HEALTH CARE CENTER or their insurance carrier pursuant to CPLR § 5003-a within 21 days of receipt of an executed copy of the within Order, duly executed general release and stipulation discontinuing the action from plaintiff; and it is further -3- ORDERED, that said release and stipulation of discontinuance shall be held in escrow by defense counsel pending full receipt and collection of defendants’ settlement obligation; and it is further ORDERED, that the LAW FIRM OF D.F. TRUHOWSKY, shall forthwith take all steps necessary to obtain an allocation of the settlement sums and distribution of the settlement proceeds to the appropriate distributees by a compromise directed to the Surrogate’s Court, County of Bronx; and it is further ORDERED, that pursuant to EPTL § 5-4.6, all settlement sums received by the LAW FIRM OF D.F. TRUHOWSKY, shall immediately be placed in an interest-bearing escrow account; and it is further ORDERED, that pursuant to EPTL § 5-4.6(a)(2), upon collection of the settlement funds and placement of same into an interest bearing escrow account, and after submission to this Court of proof of filing a petition for allocation and distribution of the settlement proceeds in the Surrogate’s Court, County of Bronx, the attorney for the Administrator, the LAW FIRM OF D.F. TRUHOWSKY, shall hereby be permitted to withdraw and pay its herein approved attorneys’ fees and reimbursable disbursements from said escrow account; and it is further ORDERED, that after payment from the escrow account of the Medicaid/Department of Social Services lien and Medicare lien, funeral expense reimbursement, attorneys’ fees and the attorneys’ disbursements, the funds remaining in the escrow account shall continue to be held in said account pending the entry of an order or decree of the Surrogate’s Court, Bronx County determining the allocation and distribution of such funds; and it is further -4- ORDERED, that pursuant to EPTL Section 5-4.6, the attorney for the Administrator, the LAW FIRM OF D.F. TRUHOWSKY, shall continue to serve as attorney for the Estate until the entry of a final Decree in the Surrogate’s Court allocating and distributing the settlement proceeds; and it is further ORDERED, that the Administrator is authorized to discontinue with prejudice all claims against all defendants. ENTER _ J. S. C. -5- Index # 24408/2016E SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX _________________________________________________________________________ _ CLEOPATRA DE-LA PAZ as ADMINISTRATOR of the Estate of BELGICA RAPOSO, Deceased, and CLEOPATRA DE-LA PAZ individually, Plaintiffs, -against- MANHATTANVILLE SBV, LLC; MANHATTANVILLE SBV, LLC d/b/a MANHATTANVILLE HEALTH CARE CENTER; MANHATTANVILLE SBV, LLC d/b/a MANHATTANVILLE REHABILITATION & HEALTH CARE CENTER; MANHATTANVILLE HEALTH CARE CENTER; and MANHATTANVILLE REHABILITATION & HEALTH CARE CENTER, Defendants. _______________________________________________________________________ _______ ORDER FOR COMPROMISE PURSUANT TO EPTL § 5-4.6 ________________________________________________________________ LAW FIRM OF D.F. TRUHOWSKY Attorney for Plaintiffs 100 Park Avenue, 16th Floor New York, New York 10017 (212) 880-6496 -6-