Preview
At Part 24, of the Supreme Court of the
State of New York, held in and for the
County of Queens at the Courthouse located
at 88-11 Sutphin Blvd.. Jamaica. N Y 11435
onthe day » 2014
PRESENT:
HON. AUGUSTUS C. AGATE J.S.C.
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY O} QUEENS
nt ern eeennn nathan X INFANT'S COMPROMISE ORDER
MOMINA SHAHZAD, an Infant by her father
and Natural Guardian MOHAMMED SHAHZAD
and MOHAMMED SHAHZAD individually and Index: 703882/2013
her mother and Natural Guardian SHAZIA
GUL and SHAZIA GUL individually
Plaintiff(s).
-against-
Defendant(s).
NATASHA SNEED
none ne nnn x
Upon reading and filing the affidavit of MOHAMMED SHAHZAD. the father and legal
guardian herein and SHAZIA GUL. the mother and legal guardian herein, swom to December
17, 2013: the affirmation of Dr. Mahjabeen Hassan, MD sworn to December 10, 2013: and the
affirmation of JASON B. KESSLER, ESQ.. attorney for Plaintiffs, dated December 17, 2013:
and it appearing that the infant is 9 years of age. having being born on May 30, 2004: and
MOHAMMED SHAHZAD and SHAZIA GUL the parents and legal guardian appeared before
the Court and it appearing that the best interest of the said infant will be served,
NOW. on motion of JASON B. KESSLER, ESQ... attorney for the Plaintiffs, it is
ordered. that the legal guardians of the infant, MOHAMMED SHAHZAD and SHAZIA GUL,
be and hereby is authorized to enter into a compromise of the infant’s cause of action hereinupon the following terms to wit:
That the representatives of the defendants shall Pay the sum of $80,000.00 in settlement
of the infant's claim herein: and it is further,
ORDERED. that out of said sum. there shall be paid to JASON B. KESSLER, ESQ..
attorneys for the infant. the sum of $26,666.64 in full settlement of the attorneys claim for
compensation and services, including disbursements; and it is further
ORDERED. that the balance. to wit. the sum of $53,333.36 shall be Paid by the
defendants to MOHAMMED SHAHZAD and SHAZIA GUL, the guardian(s) of the said
infant to be held for the sole use and benefit of the said infant, Jointly with an officer of the Bank
of America located at 159 N. Village Avenue. Rockville Centre, NY 11570 to be deposited in
said bank and held thereon for the sole use and benefit of said infant, in the highest interest
bearing account or time deposit certificate available. in the name of the guardian(s)
MOHAMMED SHAHZAD and SHAZIA GUL for the credit and benefit of said infant.
subject to the further order of this Court: and it is further
ORDERED. that said depository shall place these funds in the highest interest bearing
account or time deposit certificates and said account or all be renewed upon. its maturity,
Provided. however, the maturity date of such certificate or any renewal thereof, shall not extend
beyond. the date of the infant's 18" birthday. and no withdrawal shall be made from any account
before the infant attains the age of 18 years except upon further order of this Court; and it is
infant plaintiff herein upon demand and without further court order when the infant reaches the
age of 18 years upon Presentation of proper proof and compliance with the bank Tules ofwithdrawal: and it is further
ORDERED. that conditioned upon compliance with the terms of the order, the guardian
be and hereby is authorized and empowered to execute and deliver a general release and any
other instruments necessary to effectuate the settlement herein and that the filing of a bond is
hereby waived.
ENTER
IS.C.SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
wane nnn nee een x
MOMINA SHAHZAD, an Infant by her father
and Natural Guardian MOHAMMED SHAHZAD
and MOHAMMED SHAHZAD individually and
her mother and Natural Guardian SHAZIA
GUL and SHAZIA GUL individually
Index: 703882/2013
Plaintiffs, ATTORNEY'S
AFFIRMATION
-against-
NATASHA SNEED
Defendant.
oa ei es x
JASON B. KESSLER, ESQ.. the undersigned attorney at law duly admitted to practice
law in the State of New York. under the penalties of perjury. affirm as follows:
I maintain offices for the Practice of law at 111 Church Street. White Plains. New York.
1 am not related to the infant herein or to any party in this action or proceeding.
An action is pending under the above caption and Index Number,
On December 21, 2011, MOHAMMED SHAHZAD and SHAZIA GUL. the natural
Parents and legal guardian(s) of the infant. MOMINA SHAHZAD. retained this firm by written
retainer to represent the infant herein. By the terms of the retainer we are to receive for legal
services rendered on behalf of the infant ONE THIRD of the total recovery and recover for loss
of services and medical expenses.
On December 5, 2013 a Late Statement of Retainer was filed with the Judicial
Conference. and the matter was assigned under case number 7162074. Exhibit 1.
The above named infant sustained personal injuries as the result of negligent actions of
the defendant named herein, which occurred on December 19, 2011 in the following matter: Theinfant plaintiff was crossing the intersection at || [" Street and Jamaica Avenue when the
Defendant Natasha Sneed"s automobile hit the Plaintiff Momina Shahzad. The Police Report
States that the Plaintiff Momina Shahzad ran in the middle of the street and there is a witness to
support the Defendant's version of events. See Exhibit 2. While we contest the Defendant's
version of events this case Presents itself as of uncertain liability with two different versions of
the accident in question. If a jury was to believe the defendant's version of the events than there
is a chance that the infant Plaintiff could receive nothing.
The infant Plaintiff has returned to her full activities.
At the directions of this office. the infant was examined by Dr. Majabeen Hassan on
August 19, 2013. The Teport notes that the plaintiff is nine (9) years old and will need future
Surgical procedures to fix the sear on her leg but that this can only occur when she is an adult
(presumably when she is over the age of eighteen). The doctor also states the type of scar and
the physical effects that the scar has on the infant plaintiff. The doctor does not note any current
functional limitations due to the scar but opines that there is a possibility that the scar could
cause some tension in her knee mov ements. See Exhibit 3.
All of the bills incurred by the infant have been fully paid by GEICO insurance company.
At the end of lengthy negotiations for the settlement of this matter. GEICO Company has
offered $80,000.00. See Exhibit 4.
| believe that this offer is fair, compensatory and in the best interests of the infant.
The following services were rendered in this matter: | conducted a full and complete
Investigation of the facts of this matter. gathered reports and records, made a claim, interviewed
witnesses. prepared pleadings. responded to discovery demands. negotiated this compromise,
Prepared these compromise Papers and will prepare a general release and arrange for thedisposition of the settlement money
In accordance with the terms of the retainer herein, | respectfully ask the Court to fix the
legal fee at $26,666.66 which is the fair and Teasonable value of the legal services rendered.
While we have incurred over a thousand dollars in disbursements Pertaining to this claim we are
waiving them.
The balance of $53,333.34 shall be paid to the guardian
(S) of the infant together with an
officer of a savings institution.
Neither I. nor any member of my law firm, became concerned in this settlement at the
instance of a Party or person opposing, or with any interests adverse to MOMINA SHAHZAD,
the infant. directly or indirectly, nor received nor will receive any compensation from such party:
nor represented and do not now Tepresent any other person asserting a claim arising from the
Same occurrence.
WHEREFORE, your affirmant prays the Court make and enter an order herein for the
relief sought.
Dated: White Plains, New York fo
December 17. 2013 |
JASON B. KESSLER. ESQ.SUPREME COURT OF
THE STATE OF NEW YORK
COUNTY OF QUEENS
Toa eee xX
MOMINA SHAHZAD, an Infant by her father
and Natural Guardian MOHAMMED SHAHZAD
and MOHAMMED SHAHZAD individually and Index: 703882/2013
her mother and Natural Guardian SHAZIA
GUL and SHAZIA GUL individually
Plaintiffs,
AFFIDAVIT OF GUARDIANS
~against-
NATASHA SNEED
Defendant.
STATE OF NEW YORK )
COUNTY OF WESTCHESTER
y BSes
)
MOHAMMED SHAHZAD and SHAZIA GUL, being duly sworn. deposes and says:
We are the parents and legal guardians of MOMINA SHAHZAD and we reside with her
at 111-04 Jamaica Avenue. Richmond Hill. NY.
Our daughter is 9 years of age having been born on May 30, 2004. We have had custody
of the infant since birth,
The circumstances giving rise to this incident are as follows: On December 19. 2011 our
daughter was disfigured in her left leg when a car driven by the defendant ran into our daughter
as she was crossing the intersection of 111" Street and Jamaica Avenue in Jamaica, NY, We
understand that the defendant is contending that our daughter ran into the street and that the
Police report has a Witness statement. which supports her contention. We understand that there
are risks of continuing litigation and that there is a chance that if a trier of fact found in favor of
the defendant our daughter could receive nothing for her injuries,
All of the bills incurred by my daughter have been paid by Defendant’s automobile
insurance carrier GEICO. We also understand that GEICO’s No Fault claim is still open and thatthe future medical bills up to the limits of the No Fault policy of $50,000 m
GEICO.
‘ay be paid by
My daughter will recover from her injuries in this incident however: she is too young to
undergo the Surgical procedures that she may need in the future to remove the se
She wi
‘ars on her leg.
ill not be able to undergo those procedures until her eighteenth birthday. She is not
actively treating for this injury.
On or about December 21. 2011, we retained JASON B. KESSLER, ESQ.. as attorney,
and agreed that his compensation would be 1/3 of the Tecovery. No reimbursement for medical
or other expenses has been Teceived from any source, other than payment by the insurance.
My attorney has informed me that an offer has been made to settle my daughter's claims
for the sum of $80,000.00. The Proposed distribution of my daughter's settlement is as follows:
$26,666.64 to JASON B. KESSLER, ESQ. for legal fees and disbursements, and the balance of
$53,333.36 to be paid to your deponent(s) together with an officer of a savings institution (Bank
of America). We understand that Mr. Kessler has incurred approximately $1.000 in expenses to
have a photographer take professional quality pictures of the scars on our daughter’s legs for the
Purposes of settlement. to have an expert report completed by Dr. Hassan. to make a summons
and complaint. to file a tequest for judicial action to have this case Presented to a judge and for
expenses to obtain medical records. We understand that he is waiving these expenses and
disbursements and is requesting the Previously agreed to attomey’s fee.
We believe that the settlement and proposed distribution is fair, and in the best interest of
our daughter. We approve this settlement and request the Court’s approval.
No other member of my daughter's family has made a claim for damages alleged to have
been suffered as a result of the same occurrence giving rise to my daughter’s claim.We hereby waive any and all claims we may have for loss of services of our daughter.
We have no interests in any way adverse to our daughter nor have we become concemed
or interested herein at the request of the Opposing party. directly or indirectly.
No previous application for the elief sought herein has been made to any court or judge.
WHEREFORE, we respectfully pray that the Court make and enter an order approving
and authorizing the distribution as herein set forth and further pray for such other relief as the
Court may deem fitting and proper.
Dated: White Plains, New York
i Ctr ben tz, 00'S
MOHAMMED SHAHZAD
ia Ss
Shader Stet
SHAZIA GUL
Sworn to before us on this
day of Cemps 2013
Notary PublicSUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
MOMINA SHAHZAD, an Infant by her father
and Natural Guardian MOHAMMED SHAHZAD
and MOHAMMED SHAHZAD individually and Index: 703882/2013
her mother and Natural Guardian SHAZIA
GUL and SHAZIA GUL individually
Plaintiffs, AFFIRMATION OF PHYSICIAN
-against-
NATASHA SNEED
Defendant.
STATE OF NEW YORK ) ss.:
COUNTY OF WESTCHESTER )
The undersigned affirms: That I am a physician authorized by law to Practice medicine
in the State of New York and I maimain an office at 777 North Broadway Sleepy Hollow, NY
10591. I am also a Board certified Plastic and Reconstructive Surgeon.
T last examined the infant MOMINA SHAHZAD (hereinafter referred to as “the infant”)
X
by 3.7 centimeters. The Scar is in several areas hypopigmented and in a few areas discolored with
hyperpigmentation. The sear is not a keloid.$100,000 in taday’s dollars,
intervention cannot occur until the infant becomes an adult. The infant is currently nine (9) years
old and will not reach adulthood until the age of eighteen (18).
I Mahjabeen Hassan, a physician duly licensed to Practice medicine in the State of New
York pursuant to CPLR 2106 hereby affirms under the penalties of perjury that the Statements
contained herein are true and accurate.
Dated: Tarrytown, NY
UY » 2013
ified Plastic
Reconstructive Surgeon
and
Preview
At Part 24, of the Supreme Court of the State of New York, held in and for the County of Queens at the Courthouse located at 88-11 Sutphin Blvd.. Jamaica. N Y 11435 onthe day » 2014 PRESENT: HON. AUGUSTUS C. AGATE J.S.C. SUPREME COURT OF THE STATE OF NEW YORK COUNTY O} QUEENS nt ern eeennn nathan X INFANT'S COMPROMISE ORDER MOMINA SHAHZAD, an Infant by her father and Natural Guardian MOHAMMED SHAHZAD and MOHAMMED SHAHZAD individually and Index: 703882/2013 her mother and Natural Guardian SHAZIA GUL and SHAZIA GUL individually Plaintiff(s). -against- Defendant(s). NATASHA SNEED none ne nnn x Upon reading and filing the affidavit of MOHAMMED SHAHZAD. the father and legal guardian herein and SHAZIA GUL. the mother and legal guardian herein, swom to December 17, 2013: the affirmation of Dr. Mahjabeen Hassan, MD sworn to December 10, 2013: and the affirmation of JASON B. KESSLER, ESQ.. attorney for Plaintiffs, dated December 17, 2013: and it appearing that the infant is 9 years of age. having being born on May 30, 2004: and MOHAMMED SHAHZAD and SHAZIA GUL the parents and legal guardian appeared before the Court and it appearing that the best interest of the said infant will be served, NOW. on motion of JASON B. KESSLER, ESQ... attorney for the Plaintiffs, it is ordered. that the legal guardians of the infant, MOHAMMED SHAHZAD and SHAZIA GUL, be and hereby is authorized to enter into a compromise of the infant’s cause of action hereinupon the following terms to wit: That the representatives of the defendants shall Pay the sum of $80,000.00 in settlement of the infant's claim herein: and it is further, ORDERED. that out of said sum. there shall be paid to JASON B. KESSLER, ESQ.. attorneys for the infant. the sum of $26,666.64 in full settlement of the attorneys claim for compensation and services, including disbursements; and it is further ORDERED. that the balance. to wit. the sum of $53,333.36 shall be Paid by the defendants to MOHAMMED SHAHZAD and SHAZIA GUL, the guardian(s) of the said infant to be held for the sole use and benefit of the said infant, Jointly with an officer of the Bank of America located at 159 N. Village Avenue. Rockville Centre, NY 11570 to be deposited in said bank and held thereon for the sole use and benefit of said infant, in the highest interest bearing account or time deposit certificate available. in the name of the guardian(s) MOHAMMED SHAHZAD and SHAZIA GUL for the credit and benefit of said infant. subject to the further order of this Court: and it is further ORDERED. that said depository shall place these funds in the highest interest bearing account or time deposit certificates and said account or all be renewed upon. its maturity, Provided. however, the maturity date of such certificate or any renewal thereof, shall not extend beyond. the date of the infant's 18" birthday. and no withdrawal shall be made from any account before the infant attains the age of 18 years except upon further order of this Court; and it is infant plaintiff herein upon demand and without further court order when the infant reaches the age of 18 years upon Presentation of proper proof and compliance with the bank Tules ofwithdrawal: and it is further ORDERED. that conditioned upon compliance with the terms of the order, the guardian be and hereby is authorized and empowered to execute and deliver a general release and any other instruments necessary to effectuate the settlement herein and that the filing of a bond is hereby waived. ENTER IS.C.SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS wane nnn nee een x MOMINA SHAHZAD, an Infant by her father and Natural Guardian MOHAMMED SHAHZAD and MOHAMMED SHAHZAD individually and her mother and Natural Guardian SHAZIA GUL and SHAZIA GUL individually Index: 703882/2013 Plaintiffs, ATTORNEY'S AFFIRMATION -against- NATASHA SNEED Defendant. oa ei es x JASON B. KESSLER, ESQ.. the undersigned attorney at law duly admitted to practice law in the State of New York. under the penalties of perjury. affirm as follows: I maintain offices for the Practice of law at 111 Church Street. White Plains. New York. 1 am not related to the infant herein or to any party in this action or proceeding. An action is pending under the above caption and Index Number, On December 21, 2011, MOHAMMED SHAHZAD and SHAZIA GUL. the natural Parents and legal guardian(s) of the infant. MOMINA SHAHZAD. retained this firm by written retainer to represent the infant herein. By the terms of the retainer we are to receive for legal services rendered on behalf of the infant ONE THIRD of the total recovery and recover for loss of services and medical expenses. On December 5, 2013 a Late Statement of Retainer was filed with the Judicial Conference. and the matter was assigned under case number 7162074. Exhibit 1. The above named infant sustained personal injuries as the result of negligent actions of the defendant named herein, which occurred on December 19, 2011 in the following matter: Theinfant plaintiff was crossing the intersection at || [" Street and Jamaica Avenue when the Defendant Natasha Sneed"s automobile hit the Plaintiff Momina Shahzad. The Police Report States that the Plaintiff Momina Shahzad ran in the middle of the street and there is a witness to support the Defendant's version of events. See Exhibit 2. While we contest the Defendant's version of events this case Presents itself as of uncertain liability with two different versions of the accident in question. If a jury was to believe the defendant's version of the events than there is a chance that the infant Plaintiff could receive nothing. The infant Plaintiff has returned to her full activities. At the directions of this office. the infant was examined by Dr. Majabeen Hassan on August 19, 2013. The Teport notes that the plaintiff is nine (9) years old and will need future Surgical procedures to fix the sear on her leg but that this can only occur when she is an adult (presumably when she is over the age of eighteen). The doctor also states the type of scar and the physical effects that the scar has on the infant plaintiff. The doctor does not note any current functional limitations due to the scar but opines that there is a possibility that the scar could cause some tension in her knee mov ements. See Exhibit 3. All of the bills incurred by the infant have been fully paid by GEICO insurance company. At the end of lengthy negotiations for the settlement of this matter. GEICO Company has offered $80,000.00. See Exhibit 4. | believe that this offer is fair, compensatory and in the best interests of the infant. The following services were rendered in this matter: | conducted a full and complete Investigation of the facts of this matter. gathered reports and records, made a claim, interviewed witnesses. prepared pleadings. responded to discovery demands. negotiated this compromise, Prepared these compromise Papers and will prepare a general release and arrange for thedisposition of the settlement money In accordance with the terms of the retainer herein, | respectfully ask the Court to fix the legal fee at $26,666.66 which is the fair and Teasonable value of the legal services rendered. While we have incurred over a thousand dollars in disbursements Pertaining to this claim we are waiving them. The balance of $53,333.34 shall be paid to the guardian (S) of the infant together with an officer of a savings institution. Neither I. nor any member of my law firm, became concerned in this settlement at the instance of a Party or person opposing, or with any interests adverse to MOMINA SHAHZAD, the infant. directly or indirectly, nor received nor will receive any compensation from such party: nor represented and do not now Tepresent any other person asserting a claim arising from the Same occurrence. WHEREFORE, your affirmant prays the Court make and enter an order herein for the relief sought. Dated: White Plains, New York fo December 17. 2013 | JASON B. KESSLER. ESQ.SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS Toa eee xX MOMINA SHAHZAD, an Infant by her father and Natural Guardian MOHAMMED SHAHZAD and MOHAMMED SHAHZAD individually and Index: 703882/2013 her mother and Natural Guardian SHAZIA GUL and SHAZIA GUL individually Plaintiffs, AFFIDAVIT OF GUARDIANS ~against- NATASHA SNEED Defendant. STATE OF NEW YORK ) COUNTY OF WESTCHESTER y BSes ) MOHAMMED SHAHZAD and SHAZIA GUL, being duly sworn. deposes and says: We are the parents and legal guardians of MOMINA SHAHZAD and we reside with her at 111-04 Jamaica Avenue. Richmond Hill. NY. Our daughter is 9 years of age having been born on May 30, 2004. We have had custody of the infant since birth, The circumstances giving rise to this incident are as follows: On December 19. 2011 our daughter was disfigured in her left leg when a car driven by the defendant ran into our daughter as she was crossing the intersection of 111" Street and Jamaica Avenue in Jamaica, NY, We understand that the defendant is contending that our daughter ran into the street and that the Police report has a Witness statement. which supports her contention. We understand that there are risks of continuing litigation and that there is a chance that if a trier of fact found in favor of the defendant our daughter could receive nothing for her injuries, All of the bills incurred by my daughter have been paid by Defendant’s automobile insurance carrier GEICO. We also understand that GEICO’s No Fault claim is still open and thatthe future medical bills up to the limits of the No Fault policy of $50,000 m GEICO. ‘ay be paid by My daughter will recover from her injuries in this incident however: she is too young to undergo the Surgical procedures that she may need in the future to remove the se She wi ‘ars on her leg. ill not be able to undergo those procedures until her eighteenth birthday. She is not actively treating for this injury. On or about December 21. 2011, we retained JASON B. KESSLER, ESQ.. as attorney, and agreed that his compensation would be 1/3 of the Tecovery. No reimbursement for medical or other expenses has been Teceived from any source, other than payment by the insurance. My attorney has informed me that an offer has been made to settle my daughter's claims for the sum of $80,000.00. The Proposed distribution of my daughter's settlement is as follows: $26,666.64 to JASON B. KESSLER, ESQ. for legal fees and disbursements, and the balance of $53,333.36 to be paid to your deponent(s) together with an officer of a savings institution (Bank of America). We understand that Mr. Kessler has incurred approximately $1.000 in expenses to have a photographer take professional quality pictures of the scars on our daughter’s legs for the Purposes of settlement. to have an expert report completed by Dr. Hassan. to make a summons and complaint. to file a tequest for judicial action to have this case Presented to a judge and for expenses to obtain medical records. We understand that he is waiving these expenses and disbursements and is requesting the Previously agreed to attomey’s fee. We believe that the settlement and proposed distribution is fair, and in the best interest of our daughter. We approve this settlement and request the Court’s approval. No other member of my daughter's family has made a claim for damages alleged to have been suffered as a result of the same occurrence giving rise to my daughter’s claim.We hereby waive any and all claims we may have for loss of services of our daughter. We have no interests in any way adverse to our daughter nor have we become concemed or interested herein at the request of the Opposing party. directly or indirectly. No previous application for the elief sought herein has been made to any court or judge. WHEREFORE, we respectfully pray that the Court make and enter an order approving and authorizing the distribution as herein set forth and further pray for such other relief as the Court may deem fitting and proper. Dated: White Plains, New York i Ctr ben tz, 00'S MOHAMMED SHAHZAD ia Ss Shader Stet SHAZIA GUL Sworn to before us on this day of Cemps 2013 Notary PublicSUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS MOMINA SHAHZAD, an Infant by her father and Natural Guardian MOHAMMED SHAHZAD and MOHAMMED SHAHZAD individually and Index: 703882/2013 her mother and Natural Guardian SHAZIA GUL and SHAZIA GUL individually Plaintiffs, AFFIRMATION OF PHYSICIAN -against- NATASHA SNEED Defendant. STATE OF NEW YORK ) ss.: COUNTY OF WESTCHESTER ) The undersigned affirms: That I am a physician authorized by law to Practice medicine in the State of New York and I maimain an office at 777 North Broadway Sleepy Hollow, NY 10591. I am also a Board certified Plastic and Reconstructive Surgeon. T last examined the infant MOMINA SHAHZAD (hereinafter referred to as “the infant”) X by 3.7 centimeters. The Scar is in several areas hypopigmented and in a few areas discolored with hyperpigmentation. The sear is not a keloid.$100,000 in taday’s dollars, intervention cannot occur until the infant becomes an adult. The infant is currently nine (9) years old and will not reach adulthood until the age of eighteen (18). I Mahjabeen Hassan, a physician duly licensed to Practice medicine in the State of New York pursuant to CPLR 2106 hereby affirms under the penalties of perjury that the Statements contained herein are true and accurate. Dated: Tarrytown, NY UY » 2013 ified Plastic Reconstructive Surgeon and