On February 07, 2024 a
Complaint,Petition
was filed
involving a dispute between
Rolfi Deleon
In The Matter Of L.D.L. By His Parent And Natural Guardian,
and
Tamyra Henry,
for Torts - Motor Vehicle
in the District Court of Dutchess County.
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FILED: DUTCHESS COUNTY CLERK 02/07/2024 11:23 AM INDEX NO. 2024-50550
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/07/2024
17770-1/kaj
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF DUTCHESS
-----------------------------------------------------------------------x
In the Matter of L.D.L. by his Parent and Natural Guardian
ROLFI DELEON, PETITION
Plaintiff, Index No:
-against- Assigned Judge:
TAMYRA HENRY,
Defendant.
-----------------------------------------------------------------------x
NICHOLAS TARKAZIKIS, an attorney duly admitted to practice in the Courts of the
State of New York respectfully makes this Petition and affirms the truth of the following
statements under penalty of perjury pursuant to CPLR §2106:
1. I am an associate of the firm of McCabe & Mack LLP, attorneys for the
plaintiff, L.D.L. by his Parent and Natural Guardian ROLFI DELEON, herein and am fully
familiar with all of the prior pleadings and proceedings which have taken place in this matter.
2. I submit this Petition in support of an Order for Infant's Compromise to Settle
this action. My office was retained on behalf of infant plaintiff regarding personal injuries
sustained in a motor vehicle accident on May 30, 2022. Attached is a copy of the retainer
dated June 16, 2022, whereby my office is to receive one third attorney fee, followed by
disbursements. (Exhibit "A").
3. My office was in negotiations with Progressive Insurance regarding the
happening of the accident. My office was also retained by Jacqueline Chacon (the infant's
mother) to represent her and negotiate a settlement with Progressive Insurance.
4. After negotiations with the adjuster for Progressive Insurance a settlement was
reached for a sum of TWO THOUSAND FIVE HUNDRED ($2,500.00) for L.D.L.
MCCABE & MACK LLP, ATTORNEYS AT LAW, POST OFFICE BOX 509, POUGHKEEPSIE, NY 12602
1 of 3
FILED: DUTCHESS COUNTY CLERK 02/07/2024 11:23 AM INDEX NO. 2024-50550
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/07/2024
17770-1/kaj
5. Services rendered by my office include investigation, negotiations, obtaining
and reviewing medical records, and drafting of this application.
6. I recommend settlement in this case. I have reviewed the medical records and
am familiar with the infant plaintiff's course of treatment and current status. Attached hereto
are some medical records of L.D.L. (Exhibit "B").
7. Post accident, the infant plaintiff treated at Central Valley Orthopedics and
conducted a course of physical therapy.
8. Based on the infant plaintiff's recovery, review of the medical records, consult
with the infant plaintiff and his family, I recommend settlement under the following terms.
9. The proposed terms of settlement are as follows: TWO THOUSAND FIVE
HUNDRED DOLLARS and 00/100 - ($2,500.00) - payable by Progressive insurance on
behalf of Tamara Henry. I request attorney fee and disbursements in the amount of $500.00.
10. It is requested the balance of settlement proceeds in the amount of $2,000.00 to
be deposited into an Infant's Custodial non-transactional account, with proceeds restricted to
Infant's Compromise account restricted to age 18.
DATED: Poughkeepsie, New York.
February 7, 2024
NICHOLAS TARKAZIKIS
MCCABE & MACK LLP, ATTORNEYS AT LAW, POST OFFICE BOX 509, POUGHKEEPSIE, NY 12602
2 of 3
FILED: DUTCHESS COUNTY CLERK 02/07/2024 11:23 AM INDEX NO. 2024-50550
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/07/2024
17770-1/kaj
CERTIFICATION
In accordance with 22 NYCRR §202.8-b(c), I certify that this document complies
with 22 NYCRR §202.8-b(a), as it contains less than 7,000 words, exclusive of the caption
and signature block. Specifically, this document contains 374 words, as established using the
word count feature available on the word processing software used to prepare it.
NICHOLAS TARKAZIKIS
MCCABE & MACK LLP, ATTORNEYS AT LAW, POST OFFICE BOX 509, POUGHKEEPSIE, NY 12602
3 of 3
Document Filed Date
February 07, 2024
Case Filing Date
February 07, 2024
Category
Torts - Motor Vehicle
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FILED: DUTCHESS COUNTY CLERK 02/07/2024 11:23 AM INDEX NO. 2024-50550 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/07/2024 17770-1/kaj SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF DUTCHESS -----------------------------------------------------------------------x In the Matter of L.D.L. by his Parent and Natural Guardian ROLFI DELEON, PETITION Plaintiff, Index No: -against- Assigned Judge: TAMYRA HENRY, Defendant. -----------------------------------------------------------------------x NICHOLAS TARKAZIKIS, an attorney duly admitted to practice in the Courts of the State of New York respectfully makes this Petition and affirms the truth of the following statements under penalty of perjury pursuant to CPLR §2106: 1. I am an associate of the firm of McCabe & Mack LLP, attorneys for the plaintiff, L.D.L. by his Parent and Natural Guardian ROLFI DELEON, herein and am fully familiar with all of the prior pleadings and proceedings which have taken place in this matter. 2. I submit this Petition in support of an Order for Infant's Compromise to Settle this action. My office was retained on behalf of infant plaintiff regarding personal injuries sustained in a motor vehicle accident on May 30, 2022. Attached is a copy of the retainer dated June 16, 2022, whereby my office is to receive one third attorney fee, followed by disbursements. (Exhibit "A"). 3. My office was in negotiations with Progressive Insurance regarding the happening of the accident. My office was also retained by Jacqueline Chacon (the infant's mother) to represent her and negotiate a settlement with Progressive Insurance. 4. After negotiations with the adjuster for Progressive Insurance a settlement was reached for a sum of TWO THOUSAND FIVE HUNDRED ($2,500.00) for L.D.L. MCCABE & MACK LLP, ATTORNEYS AT LAW, POST OFFICE BOX 509, POUGHKEEPSIE, NY 12602 1 of 3 FILED: DUTCHESS COUNTY CLERK 02/07/2024 11:23 AM INDEX NO. 2024-50550 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/07/2024 17770-1/kaj 5. Services rendered by my office include investigation, negotiations, obtaining and reviewing medical records, and drafting of this application. 6. I recommend settlement in this case. I have reviewed the medical records and am familiar with the infant plaintiff's course of treatment and current status. Attached hereto are some medical records of L.D.L. (Exhibit "B"). 7. Post accident, the infant plaintiff treated at Central Valley Orthopedics and conducted a course of physical therapy. 8. Based on the infant plaintiff's recovery, review of the medical records, consult with the infant plaintiff and his family, I recommend settlement under the following terms. 9. The proposed terms of settlement are as follows: TWO THOUSAND FIVE HUNDRED DOLLARS and 00/100 - ($2,500.00) - payable by Progressive insurance on behalf of Tamara Henry. I request attorney fee and disbursements in the amount of $500.00. 10. It is requested the balance of settlement proceeds in the amount of $2,000.00 to be deposited into an Infant's Custodial non-transactional account, with proceeds restricted to Infant's Compromise account restricted to age 18. DATED: Poughkeepsie, New York. February 7, 2024 NICHOLAS TARKAZIKIS MCCABE & MACK LLP, ATTORNEYS AT LAW, POST OFFICE BOX 509, POUGHKEEPSIE, NY 12602 2 of 3 FILED: DUTCHESS COUNTY CLERK 02/07/2024 11:23 AM INDEX NO. 2024-50550 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/07/2024 17770-1/kaj CERTIFICATION In accordance with 22 NYCRR §202.8-b(c), I certify that this document complies with 22 NYCRR §202.8-b(a), as it contains less than 7,000 words, exclusive of the caption and signature block. Specifically, this document contains 374 words, as established using the word count feature available on the word processing software used to prepare it. NICHOLAS TARKAZIKIS MCCABE & MACK LLP, ATTORNEYS AT LAW, POST OFFICE BOX 509, POUGHKEEPSIE, NY 12602 3 of 3