On September 05, 2023 a
Exhibit,Appendix
was filed
involving a dispute between
B.G. An Infant By Her Parents And Natural Guardians, Dalinda Mones And Joseph Gebhardt,
B G An Infant By Her
P N G Dalinda Mones And Joseph Gebhardt,
Dalinda Mones,
Joseph Gebhardt,
and
J M An Infant By His
M N G Joanna Rodriguez,
J.M., An Infant By His Mother And Natural Guardian, Joanna Rodriguez,
Joanna Rodriguez,
Ricuarte Silva Agudelo,
for Torts - Motor Vehicle
in the District Court of Nassau County.
Preview
FILED: NASSAU COUNTY CLERK 10/30/2023 04:54 PM INDEX NO. 614342/2023
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 10/30/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
---------------------------X
B.G. an infant by her parents and natural guardians,
DALINDA MONES and JOSEPH GEBHARDT, Index No.: 614342/2023
DALINDA MONES, individually, and JOSEPH
GEBHARDT, individually AFFIDAVIT
Plaintiff(s),
-against-
JOANNA RODRIGUEZ, RICUARTE SILVA AGUDELO,
and J.M., an infánt by his mother and natural guardian,
JOANNA RODRIGUEZ,
Defendant(s),
-----------__--------------------Ç
STATE OF NEW YORK )
):ss
COUNTY OF QUEENS )
DALINDA MONES, being first duly sworn, deposes and says:
1. I reside at 34-11 93rd Street, Apt. 4A, Jackson Heights, New York 11372, and I am
the parent and natural guardian of B.G., who was bom on July 2, 2006.
2. On March 4, 2023, B.G. was a passenger in a motor vehicle operated by the infant-
defendant J.M. Mile they were travelling on the Cross Island Parkway in Queens, J.M. rear-ended
another vehicle.
3. E.G. was transported by ambulance to Cohens Children's Hospital. B.G. sustained
injuries to her left knee as well as a cut on her left buttock. B.G. underwent approximately four
months of physical therapy to her left knee before undergoing surgery on July 7, 2023. B.G. has
recovered well &om her surgery and is still in physical therapy.
4. E.G. has underwent treatment at the following facilities/providers:
76d"
a. Cohen Children's Medical Center, 269-01 Avenue, Queens, NY 11040
FILED: NASSAU COUNTY CLERK 10/30/2023 04:54 PM INDEX NO. 614342/2023
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 10/30/2023
b. Middle Village Physical - 7904 Metropolitan Middle
Therapy Avenue, Village,
NY 11379
c. Daniel Yoo, M.D., 154-08 Northern Blvd Suite 2-I, Flushing, NY 11354
d. Advanced Shoulder Knee Ortho, P.O. Box 860, Fort Lee, NJ 07024 (affiliated
entity of Daniel Yoo above)
e. Progressive Surgical Center, 630 E Palisade Ave #2nd, Englewood Cliffs, NJ
07632
5. I have been informed by my attorney Daniel E. Smyth, that a settlement offer of
Defendants'
$125,000.00 has been made by the insurance carriers. Mr. Smyth has informed me
Defendants'
that this amourn represents the total amount of the insurance coverage. He has
informed me thn if the case were to proceed to trial, it would be difficult to collect a judgment in
excess of the insurance limits if one were obtained, and there would be significant costs and
disbursements that would likely result in my daughter obtaining less than what she win receive
from this settlenent Further, infant defendant J.M. is my daughter's boyfriend, and it would be
against her wishes to pursue the Defendants personally.
6. Mr. Smyth has informed me that he is requesting that his firm be paid the sum of
$41,666.67 in legal fees as well as the disbursements and expenses incurred by his firm in the sum
of $774.20. This will leave my daughter the balance of $82,559.13. This is in accordance with the
retainer agreement we executed with the firm, which was for one-third ofthe sum recovered before
expenses. and dis bursements are deducted. I believe these amounts are fair and reasonable, and I
join my attorney s request to have the Court approve the legal fee and reimbursement of expenses
and disburseme s.
7. s this settlement offer is the maximum amount of money available from the
FILED: NASSAU COUNTY CLERK 10/30/2023 04:54 PM INDEX NO. 614342/2023
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 10/30/2023
Defendants'
insurance companies. and that should litigation continue, my daughter may end up
with less money. I believe this settlement is fair under the circumstances and in my daughter's best
interests.
8. I have a claim for loss of services arising from the accident. I am waiving said claim
so that all settlement proceeds are aRocated for the benefit of my daughter.
9. h y daughter's medical and hospital bills were paid for by no-fault, and I am not
aware of any or standing medical bills.
DALINDA MONES
Sworn to me this the 20
Day of e r 2023
NOTARY LIC
SMYTH
DANIEL EAMOHN YORK
PUBUC, STATE OF NEW
NOTARY G2SM6428814
Registration No.
Queens County
Qualified in
commission Expires January St 201
Preview
FILED: NASSAU COUNTY CLERK 10/30/2023 04:54 PM INDEX NO. 614342/2023 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 10/30/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU ---------------------------X B.G. an infant by her parents and natural guardians, DALINDA MONES and JOSEPH GEBHARDT, Index No.: 614342/2023 DALINDA MONES, individually, and JOSEPH GEBHARDT, individually AFFIDAVIT Plaintiff(s), -against- JOANNA RODRIGUEZ, RICUARTE SILVA AGUDELO, and J.M., an infánt by his mother and natural guardian, JOANNA RODRIGUEZ, Defendant(s), -----------__--------------------Ç STATE OF NEW YORK ) ):ss COUNTY OF QUEENS ) DALINDA MONES, being first duly sworn, deposes and says: 1. I reside at 34-11 93rd Street, Apt. 4A, Jackson Heights, New York 11372, and I am the parent and natural guardian of B.G., who was bom on July 2, 2006. 2. On March 4, 2023, B.G. was a passenger in a motor vehicle operated by the infant- defendant J.M. Mile they were travelling on the Cross Island Parkway in Queens, J.M. rear-ended another vehicle. 3. E.G. was transported by ambulance to Cohens Children's Hospital. B.G. sustained injuries to her left knee as well as a cut on her left buttock. B.G. underwent approximately four months of physical therapy to her left knee before undergoing surgery on July 7, 2023. B.G. has recovered well &om her surgery and is still in physical therapy. 4. E.G. has underwent treatment at the following facilities/providers: 76d" a. Cohen Children's Medical Center, 269-01 Avenue, Queens, NY 11040 FILED: NASSAU COUNTY CLERK 10/30/2023 04:54 PM INDEX NO. 614342/2023 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 10/30/2023 b. Middle Village Physical - 7904 Metropolitan Middle Therapy Avenue, Village, NY 11379 c. Daniel Yoo, M.D., 154-08 Northern Blvd Suite 2-I, Flushing, NY 11354 d. Advanced Shoulder Knee Ortho, P.O. Box 860, Fort Lee, NJ 07024 (affiliated entity of Daniel Yoo above) e. Progressive Surgical Center, 630 E Palisade Ave #2nd, Englewood Cliffs, NJ 07632 5. I have been informed by my attorney Daniel E. Smyth, that a settlement offer of Defendants' $125,000.00 has been made by the insurance carriers. Mr. Smyth has informed me Defendants' that this amourn represents the total amount of the insurance coverage. He has informed me thn if the case were to proceed to trial, it would be difficult to collect a judgment in excess of the insurance limits if one were obtained, and there would be significant costs and disbursements that would likely result in my daughter obtaining less than what she win receive from this settlenent Further, infant defendant J.M. is my daughter's boyfriend, and it would be against her wishes to pursue the Defendants personally. 6. Mr. Smyth has informed me that he is requesting that his firm be paid the sum of $41,666.67 in legal fees as well as the disbursements and expenses incurred by his firm in the sum of $774.20. This will leave my daughter the balance of $82,559.13. This is in accordance with the retainer agreement we executed with the firm, which was for one-third ofthe sum recovered before expenses. and dis bursements are deducted. I believe these amounts are fair and reasonable, and I join my attorney s request to have the Court approve the legal fee and reimbursement of expenses and disburseme s. 7. s this settlement offer is the maximum amount of money available from the FILED: NASSAU COUNTY CLERK 10/30/2023 04:54 PM INDEX NO. 614342/2023 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 10/30/2023 Defendants' insurance companies. and that should litigation continue, my daughter may end up with less money. I believe this settlement is fair under the circumstances and in my daughter's best interests. 8. I have a claim for loss of services arising from the accident. I am waiving said claim so that all settlement proceeds are aRocated for the benefit of my daughter. 9. h y daughter's medical and hospital bills were paid for by no-fault, and I am not aware of any or standing medical bills. DALINDA MONES Sworn to me this the 20 Day of e r 2023 NOTARY LIC SMYTH DANIEL EAMOHN YORK PUBUC, STATE OF NEW NOTARY G2SM6428814 Registration No. Queens County Qualified in commission Expires January St 201