Preview
At a Trial Term, of the Supreme
Court of the State of New York, held
in and for the County of Queens, at
88-11 Sutphin Boulevard, Jamaica,
New York 11435, on the _ day of
__
2018
PR E S E N T:
HON. Leonard Livote,
Justice.
X
MARC B. HARTMAN, as Administrator of the
Estate of EMANUEL HARTMAN, deceased,
ORDER
Plaintiff,
FOR COMPROMISE
. PURSUANT
-against-
TO EPTL 5-4.6
Index No.: 702662/2015
FAIRVIEW NURSING CARE CENTER, INC. and
NORTH SHORE-LONG ISLAND JEWISH
HEALTH
SYSTEM, INC.,
Defendants.
X
Upon reading and filing the annexed affidavit of Plaintiff, MARC B.
HARTMAN in his
capacity
as Administrator of the Estate of EMANUEL
HARTMAN, sworn to on the 17th
day of October, 2018, the affirmation of
Deborah F. Truhowsky, Esq., dated October 17, 2018 (the "Affirmation"), and,
upon finding that,
An offer of settlement in the above-captioned action in the amount of
ONE HUNDRED SEVENTY-FIVE THOUSAND ($175,000.00) DOLLARS,
by or on behalf of defendant, FAIRVIEW NURSING CARE CENTER, INC.,
has been made to fully and finally settle the above-captioned action;
And the Administrator, MARC B. HARTMAN, having moved this Court
pursuant to Estates Powers & Trust Law Sec. 5-4.6 for approval and compromise
of the total settlement amount in the above-captioned action, for approval and
attorneys'
compromise of his fees and disbursements, and for an order referring
all matters relating to the allocation and distribution of said proceeds for the
determination ofthe Surrogate's Court, County of Queens;
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 United
Healthcare/Optum lien in the amount of $10,131.84 and a final Medicaid/
Department of Social Services lien in the amount of $10,256.19;
NOW, upon said application of the Plaintiff by his attorneys, LAW FIRM
OF D.F. TRUHOWSKY, itis hereby:
pursuant to EPTL the settlement of the above-
ORDERED, that, 5-4.6(a),
captioned action by the parties herein for the total sum of ONE HUNDRED
SEVENTY-FIVE THOUSAND ($175,000.00) DOLLARS, payable as
indicated, is hereby compromised and approved; and itis further
attorneys'
ORDERED, that plaintiff's fees in the amount of $53,491.77
and the return of disbursements to plaintiff's attorneys in the amount of
$14,364.06 are hereby compromised and approved; and itis further;
- 2 -
ORDERED, that payment by Plaintiff of the final lien to United
Healthcare/Optum in the amount of $10,131.84, constituting
full satisfaction of
all claims of United Healthcare/Optum and as full settlement of any lien owed for
benefits provided to EMANUEL HARTMAN 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 $10,256.19, constituting
full
satisfaction of all claims of Medicaid/Department of Social Services and as full
settlement of any lien owed for benefits provided to EMANUEL HARTMAN is
hereby compromised and approved; and it is further
ORDERED, that Administrator MARC B. HARTMAN 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 MARC B. HARTMAN shall
forthwith make application to the Surrogate's Court, County of Queens, to
allocate and distribute the settlement proceeds; and it is further
ORDERED, that pursuant to EPTL 5-4.6(a) (2), the sum of $175,000.00
shall be paid as described above, and said payments shall be made by defendant,
FAIRVIEW NURSING CARE CENTER, INC., 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'settlementobligation;anditisfurther
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 Queens; and itis 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 itis 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 a filing of a petition for allocation
and distribution of the settlement proceeds in the Surrogate's Court, County of
Queens, the attorney for the Administrator, the LAW FIRM OF D.F.
TRUHOWSKY, shall hereby be permitted to withdraw and pay its herein
attorneys'
approved fees and reimbursable disbursements from said escrow
account; and itis further
ORDERED, that after payment from the escrow account of the Medicaid/
attorneys'
Department of Social Services lien, United Healthcare/Optum lien, fee
attorneys'
and the 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
- 4 -
Surrogate's Court, Queens County determining the allocation and distribution of
such funds; and itis further.
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 itis further
ORDERED, that the Administrator is authorized to discontinue with
prejudice all claims against all defendants.
E N T E R
J. S. C.
- 5 -
Index # 702662/2015
SUPREME COURT OF THE STATE OF NEW YORK
C O U N T Y O F Q U E E N S
MARC B. HARTMAN, AS ADMINISTRATOR OF THE ESTATE OF
EMANUEL HARTMAN, DECEASED,
Plaintiff,
-against-
FAIRVIEW NURSING CARE CENTER, INC. and NORTH SHORE-LONG
ISLAND JEWISH HEALTH SYSTEM, INC.,
Defendants.
ORDER FOR COMPROMISE PURSUANT TO EPTL 5-4.6
LAW FIRM OF D.F. TRUHOWSKY
Attorneys for Plaintiff
100 1661
Park Avenue, 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 Queens, at 88-11 Sutphin Boulevard, Jamaica, New York 11435, on the _ day of __ 2018 PR E S E N T: HON. Leonard Livote, Justice. X MARC B. HARTMAN, as Administrator of the Estate of EMANUEL HARTMAN, deceased, ORDER Plaintiff, FOR COMPROMISE . PURSUANT -against- TO EPTL 5-4.6 Index No.: 702662/2015 FAIRVIEW NURSING CARE CENTER, INC. and NORTH SHORE-LONG ISLAND JEWISH HEALTH SYSTEM, INC., Defendants. X Upon reading and filing the annexed affidavit of Plaintiff, MARC B. HARTMAN in his capacity as Administrator of the Estate of EMANUEL HARTMAN, sworn to on the 17th day of October, 2018, the affirmation of Deborah F. Truhowsky, Esq., dated October 17, 2018 (the "Affirmation"), and, upon finding that, An offer of settlement in the above-captioned action in the amount of ONE HUNDRED SEVENTY-FIVE THOUSAND ($175,000.00) DOLLARS, by or on behalf of defendant, FAIRVIEW NURSING CARE CENTER, INC., has been made to fully and finally settle the above-captioned action; And the Administrator, MARC B. HARTMAN, having moved this Court pursuant to Estates Powers & Trust Law Sec. 5-4.6 for approval and compromise of the total settlement amount in the above-captioned action, for approval and attorneys' compromise of his fees and disbursements, and for an order referring all matters relating to the allocation and distribution of said proceeds for the determination ofthe Surrogate's Court, County of Queens; 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 United Healthcare/Optum lien in the amount of $10,131.84 and a final Medicaid/ Department of Social Services lien in the amount of $10,256.19; NOW, upon said application of the Plaintiff by his attorneys, LAW FIRM OF D.F. TRUHOWSKY, itis hereby: pursuant to EPTL the settlement of the above- ORDERED, that, 5-4.6(a), captioned action by the parties herein for the total sum of ONE HUNDRED SEVENTY-FIVE THOUSAND ($175,000.00) DOLLARS, payable as indicated, is hereby compromised and approved; and itis further attorneys' ORDERED, that plaintiff's fees in the amount of $53,491.77 and the return of disbursements to plaintiff's attorneys in the amount of $14,364.06 are hereby compromised and approved; and itis further; - 2 - ORDERED, that payment by Plaintiff of the final lien to United Healthcare/Optum in the amount of $10,131.84, constituting full satisfaction of all claims of United Healthcare/Optum and as full settlement of any lien owed for benefits provided to EMANUEL HARTMAN 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 $10,256.19, constituting full satisfaction of all claims of Medicaid/Department of Social Services and as full settlement of any lien owed for benefits provided to EMANUEL HARTMAN is hereby compromised and approved; and it is further ORDERED, that Administrator MARC B. HARTMAN 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 MARC B. HARTMAN shall forthwith make application to the Surrogate's Court, County of Queens, to allocate and distribute the settlement proceeds; and it is further ORDERED, that pursuant to EPTL 5-4.6(a) (2), the sum of $175,000.00 shall be paid as described above, and said payments shall be made by defendant, FAIRVIEW NURSING CARE CENTER, INC., 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'settlementobligation;anditisfurther 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 Queens; and itis 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 itis 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 a filing of a petition for allocation and distribution of the settlement proceeds in the Surrogate's Court, County of Queens, the attorney for the Administrator, the LAW FIRM OF D.F. TRUHOWSKY, shall hereby be permitted to withdraw and pay its herein attorneys' approved fees and reimbursable disbursements from said escrow account; and itis further ORDERED, that after payment from the escrow account of the Medicaid/ attorneys' Department of Social Services lien, United Healthcare/Optum lien, fee attorneys' and the 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 - 4 - Surrogate's Court, Queens County determining the allocation and distribution of such funds; and itis further. 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 itis further ORDERED, that the Administrator is authorized to discontinue with prejudice all claims against all defendants. E N T E R J. S. C. - 5 - Index # 702662/2015 SUPREME COURT OF THE STATE OF NEW YORK C O U N T Y O F Q U E E N S MARC B. HARTMAN, AS ADMINISTRATOR OF THE ESTATE OF EMANUEL HARTMAN, DECEASED, Plaintiff, -against- FAIRVIEW NURSING CARE CENTER, INC. and NORTH SHORE-LONG ISLAND JEWISH HEALTH SYSTEM, INC., Defendants. ORDER FOR COMPROMISE PURSUANT TO EPTL 5-4.6 LAW FIRM OF D.F. TRUHOWSKY Attorneys for Plaintiff 100 1661 Park Avenue, Floor New York, New York 10017 (212) 880-6496 - 6 -