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FILED: BRONX COUNTY CLERK 04/23/2024 03:54 PM INDEX NO. 806667/2024E
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 04/23/2024
EX‰IBIT C
FILED: BRONX COUNTY CLERK 04/23/2024 03:54 PM INDEX NO. 806667/2024E
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 04/23/2024
At an IAS Part of the Supreme Court of the State of New York,
held in and for the County of Blunx, at the Courthouse, 851
Grand Concourse, Bronx, New York, on the y of Eebauwys c
200S
P R E S E N T: Hon. STANLEY GREEN
Justice
,,_______....._________________,
INDEX NO. 22236/98
In the Matter of the Application of
KENNY VICENTE, YULISSA VICENTE, JULIET VICENTE, infants by their mother and
'
natural guardian, ISABEL VICENTE, and ISABEL ICENTE, Individually,
Plaintiffs,
-again -
ORDER
RwD
BEAUTY REAl.TY COMPANY,
Defendant. . .
Upon reading and filing the petili of ISABEL VICENTE, as mother and natural
guardian of KENNY VICENTE, YUL A ENTE and JULIETTA VICENTE, infants,
sworn on 2nd day of November, 2004, an 1 onsents of the infants JULIETTA VICENTE
4* 2"'
sworn of the day of November, 2004 and YULISSA VICENTE, sworn on the day of
November, 2004, the affirmation of Elise Hagonel Langsam, Esq, attorney for the Plaintiffs
dated on the 15th day of February, 2005, the affirmation of Dr. Andrea M. Valdez, M.D., dated
January 24, 2005, and it appearing that the best interests of the said infants will be served,
AND, upon all the proceedings heretofore had herein, KENNY VICENTE, YULISSA
VICENTE and JULIETTA VICENTE, and their natural guardian, ISABEL VICENTE, and their
attorneys, having appeared in Court on the day of td , 2005 , and the
Court having examined the infant plaintiffs and thereon:
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FILED: BRONX COUNTY CLERK 04/23/2024 03:54 PM INDEX NO. 806667/2024E
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 04/23/2024
it appears to the satisfaction of this Court that there is good and sufficient reason to
AND,
permit the compromise of the action on behalf of the infant plaintiffs,
it that the compromise of the action will be to the advantage and in the
AND, appearing
best interests of the infant plaintiffs,
it further that the petitioner is willing to accept the compromise and the
AND, appearing
settlement of this case offered the defendant and that the defendant is ready to pay the
by
settlement amount as directed by this Court;
NOW, upon application of HILL, LANGSAM & MOIN, LLP, attorneys for the plaintiffs
herein, it is
ORDERED, that the above captioned matter is settled for the total sum of SEVEN
HUNDRED TEN THOUSAND AND 00/100 ($710,000.00) DOLLARS out of which FOUR
HUNDRED THOUSAND AND 00/100 ($400,000.00) DOLLARS is to be paid to KENNY
VICENTE pursuant to a structure; and TWO HUNDRED TWENTY THOUSAND AND 00/100
DOLLARS is to be paid to JULIETTA VICENTE pursuant to a structure; and
($220,000.00)
NINETY THOUSAND AND 00/100 ($90,000.00) DOLLARS is to be paid to YULISSA
VICENTE pursuant to a structure; and conditioned upon compliance with the following
provisions to execute a general release and to sign all papers necessary to accomplish this
settlement and collect and distribute the proceeds thereof; and to discontinue with prejudice and
without costs all other causes of action and it is further
ORDERED, that the defendant BEAUTY REALTY COMPANY, and/or their
representatives pay the amount of SEVEN HUNDRED TEN THOUSAND AND 00/100
($710,000.00) DOLLARS as follows:
(1) To HILL, LANGSAM & MOIN, LLP, attorneys for the plaintiffs in the said action, as
and for their total disbursements, the sum of SEVEN THOUSAND FOUR
HUNDRED SIXTY TWO AND 08/100 ($7462.08) DOLLARS for reimbursement of
expenses, as specified in the rider to the attorney's affirmation;
(2) To HILL, LANGSAM & MOIN, LLP, attorneys for the plaintiffs in the said action, as
attorneys'
and for their fees thereof, the sum of ONE HUNDRED THRITY TWO
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FILED: BRONX COUNTY CLERK 04/23/2024 03:54 PM INDEX NO. 806667/2024E
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 04/23/2024
THOUSAND FOUR HUNDRED FOUR AND 15/100 ($132,404.15) DOLLARS as
legal fees with respect to KENNY VICENTE'S cause of action and the sum of
SEVENTY TWO THOUSAND FOUR HUNDRED FORTY SIX AND 72/100
DOLLARS as legal fees with respect to JULIETTA VICENTE'S cause
($72,446.72)
of action and the sum of TWENTY NINE THOUSAND ONE HUNDRED FORTY
EIGHT AND 78/100 ($29,148.78) DOLLARS as legal fees with respect to YULISSA
VICENTE'S cause of action;
ORDERED that the insurers and/or their respective assignees shall purchase
annuities from American International Life Assurance Company of New York rated A++
A.M. Best, and shall make assignments of the future periodic payments under IRS
by
Section 130 © to the respective assignees which shall pay the following periodic
payments to said infants, The aforementioned amounts are to be paid as follows:
FOR KENNV VICENTE:
BY PUBLIC SERVICE MUTUAL INSURANCE COMPANY a total of
THREE HUNDRED FIFTY THOUSAND AND 00/100 ($350,000.00) DOLLARS
toward the overall FOUR HUNDRED THOUSAND AND 00/100 ($400,000.00)
DOLLAR SETTLEMENT to be paid as follows:
(1) UP-FRONT CASH PAYMENT, by check or draft made payable to HILL
LANGSAM & MOIN, LLP, in the amount of $84,931.69;
(1) The sum of $265,068,31, which is the cost of the annuity policy providing the
future periodic payments.
For the FUTURE PERIODIC PAYMENTS, the sum of $35,000,00 annually,
guaranteed for five (5) years beginning on December 8, 2011 guaranteed through
December 8, 2015; plus,
Three guaranteed lump sum payments of:
$75,000.00 payable on December 8, 2018;
$150,000.00 payable on December 8, 2023;
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NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 04/23/2024
$224,196,73 payable on December 8, 2028;
BY UNIONAMERICA INSURANCE COMPANY a total of FIFTY THOUSAND
AND 00/100 ($50,000.00) DOLLARS toward the overall FOUR HUNDRED
THOUSAND AND 00/100 ($400,000.00) DOLLAR settlement for KENNY VICENTE,
to be paid as follows:
$50,000.00 TO: H1LL, LANGSAM & MOIN, LLP, (who shall collect
UNIONAMERICA'S contribution directly from UNIONAMERICA INSURANCE
COMPANY by a General Release); and it is further
ORDERED that the aforementioned amounts are to be paid as follows:
FOR JUI JETTA VICENTE:
BY NATIONAL CASUALTY COMPANY the sum of ONE HUNDRED NINE
THOUSAND EIGHT HUNDRED EIGHTY AND 00/100 ($109,880.00) DOLLARS towards the
settlement amount of TWO HUNDRED TWENTY THOUSAND AND 00/100 ($220,000.00)
DOLLARS, which consists of:
(1) a cash payment by check or draft payable to HILL, LANGSAM & MOIN, LLP, of
FOUR THOUSAND TWO HUNDRED NINETY ONE AND 69/100 ($4291.69)
DOLLARS and
(2) the sum of $105,588.31, or (73%) of the total annuity cost of the annuity policy
providing the future periodic payments agreed to; and it is further
ORDERED that the aforementioned amounts are to be paid as follows:
BY AMERICAN HOME ASSURANCE COMPANY the sum of THIRTY NINE
THOUSAND FOUR HUNDRED EIGHTY AND 00/100 ($39,480.00) DOLLARS,
which is 27% of the total annuity cost of the annuity policy providing the future periodic
payments, towards the total settlement amount of $220,000.00; and it is further
ORDERED that the aforementioned amounts are to be paid as follows:
BY UNIONAMERICA INSURANCE COMPANY a total cash payment of $25,000.00
toward the overall $220,000,00 settlement to be paid as follows.
FILED: BRONX COUNTY CLERK 04/23/2024 03:54 PM INDEX NO. 806667/2024E
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 04/23/2024
HILL, LANGSAM & MOIN, LLP, (who shall collect UNIONAMERICA'S contribution
directly from UNIONAMERICA INSURANCE COMPANY by a General Release); and
it is further
ORDERED that the aforementioned amounts are to be paid as follows:
BY PUBLIC SERVICE MUTUAL INSURANCE COMPANY a total cash payment of
FORTY FIVE THOUSAND SIX HUNDRED FORTY AND 00/100 ($45,640.00)
DOLLARS toward the overall $220,000.00 settlement to be paid as follows:
HILL, LANGSAM & MOIN, LLP, (who shall collect PUBLIC SERVICE MUTUAL'S
contribution directly from PUBLIC SERVICE MUTUAL INSURANCE COMPANY by
a General Release);
For the Future Periodic Payments the sum of $30.000.00 annually guaranteed for four (4) years
beginning October 3, 2006, guaranteed through October 3, 2009; plus
Two guaranteed lump sum payments of:
$25,000.00 payable on October 3, 2013;
$36,667.98 payable on October 3, 2018;
FOR YUT JSS A VICENTE:
BY NATIONAL CASUALTY COMPANY the sum of FORTY FOUR THOUSAND
ONE HUNDRED SIXTY SEVEN AND 00/100 ($44,167.00) DOLLARS, which is 76%
of the total annuity cost of the annuity policy, toward the total settlement amount of
NINETY THOUSAND DOLLARS AND 00/100 ($90,000,00) DOLLARS and it is
further
ORDERED that the aforementioned amounts are to be paid as follows:
BY AMERICAN HOME ASSURANCE COMPANY the sum of NINE THOUSAND
NINE HUNDRED SISTY SIX AND 00/100 ($9,966.00) DOLLARS, which is 17% of the
total annuity cost of the annuity policy, towards the total settlement amount of
$90,000.00; and it is further
ORDERED that the aforementioned amounts are to be paid as follows:
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FILED: BRONX COUNTY CLERK 04/23/2024 03:54 PM INDEX NO. 806667/2024E
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 04/23/2024
BY PUBLIC SERVICE MUTUAL INSURANCE COMPANY the sum of TEN
THOUSAND EIGHT SIXTY SEVEN AND 00/100 ($10,867.00) DOLLARS, an up front
cash payment as follows:
To HILL, LANGSAM & MOIN, LLP, the total sum of $6,598.35, by check or draft;
(1)
and further
The sum of $4,268.65, or 7% of the total annuity cost of the annuity policy providing
(2)
the future periodic payments; and it is further
ORDERED that the aforementioned amounts are to be paid as follows:
BY UNIONAMERICA INSURANCE COMPANY a total cash payment of TWENTY
FIVE THOUSAND AND 00/100 ($25,000.00) DOLLARS to HILL, LANGSAM &
attorneys'
MOIN, LLP, as and for a portion of their fees toward the overall $90,000.00
settlement, paid directly from UNIONAMERICA INSURANCE COMPANY by a
General Release; and it is further ordered
For the Future Periodic Payments the sum of $10,000.00 annually, guaranteed for four (4) years
beginning October 23, 2008, guaranteed through October 23, 2011; plus
One guaranteed lump sum payment of $43,182.66 payable on October 23, 2015; and it is
further
All of the above periodic payments are payable due to personal and/or physical injury under
Section 104 (a) 2 of the IRS Code.
ORDERED, that ISABEL VICENTE, as mother and natural guardian of the infant plaintiffs
KENNY VICENTE, JULIETTA VICENTE and YULISSA VICENTE be and hereby is directed,
authorized and empowered to execute such releases and other documents reasonably required by
defendant and/or their insurance carrier to effectuate the settlement; and it is further
ORDERED, that upon making and receipt of all of the payments above directed in
compliance with this Order, as well as the defendants and their insurance carrier shall then be
discharged from any and all responsibility as to the causes of action set forth in this action; and it
is further
ORDERED, that the filing of a bond, in accordance with the provisions of CPLR 1210©
FILED: BRONX COUNTY CLERK 04/23/2024 03:54 PM INDEX NO. 806667/2024E
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 04/23/2024
be hereby dispensed with, and it is further
ORDERED, that conditioned upon full compliance with the terms of this Order, the
Petitioner shall be discharged and released form all liability arising from all matters and thmgs
embraced in this Order, in accordance with and pursuant to the settlement hereof.
Enter:
Justice
STANLEY GREEN
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