Motion-Secondary: Stone Street Capital, Llc v. Metlife Tower Resources Group, Inc., Metropolitan Life Insurance Company, Juan Smith

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                                SUPREME COURT OF THE STATE OF NEW YORK

COUNTY OF NIAGARA
X Index No.: E 155163/2015

 

In the Matter of the Petition of

STONE STREET CAPITAL, L.L.C.

for the Approval of Transfer of Structured
Settlement Payment Rights

In Accordance with GOL §5-1701,

Petitioner(s) ORDER

-against-

METLIFE TOWER RESOURCES
GROUP, INC., METROPOLITAN LIFE
INSURANCE COMPANY and

JUAN SMITH,

Respondent(s)
X

 

THIS MATTER having come before the Court pursuant to the unopposed
Petition of Stone Street Capital. LLC (“Stone Street” or “Transferee”) seeking express
written approval of the transfer of structured settlement payments by the payee, Juan
Smith (“Smith”), to petitioner, Stone Street, pursuant to the provisions of General
Obligations Law § 5-1701 et seg., and 40 Pa. Cons. Stat. Ann. §4001 et seq. (the
“Pennsylvania Act”) this Court finds that:

1. Juan Smith (“Payee”) is domiciled in Ellenwood, Georgia.

2. By the terms of settlement of a negligence action (the “Settlement”), Smith

became entitled to receive certain periodic payments (“Periodic Payments”)

under a structured settlement agreement.3. The structured settlement obligor is MetLife Tower Resources Group, Inc.
(“Obligor”). The structured settlement issuer is Metropolitan Life Insurance
Company (“Issuer”).

4. The obligor and the issuer have been served. Neither the Obligor nor Issuer
has filed an objection.

5. The Payee, a resident of the state of Georgia, seeks to transfer certain rights to
the Period Payments to the Transferee.

6. The Georgia Act provides, in pertinent part that:

The venue for any application brought under this Code section shall be in the

county in which any transferee or transferor resides or in any county in which
any of the transferees or transferors have consented to venue (51-12-71

(d)(4)).
7. Pursuant to 51-12-71(d)(4), approval of this transfer was obtained by the
Superior Court of Henry County, State of Georgia.
Based upon the foregoing findings, IT IS HEREBY:
ORDERED that his Court, which previously approved the Settlement, hereby
provides express written approval for the Payee to the proceed with a proposed transfer of
certain Periodic Payments in the State of Georgia

ENTER:

Justice of the Supreme Court
Of the State of New York