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ROBERT P. SWEENEY, Esq.
LOuIs J. DESENA, Esq.
D ESENA& S WEENEY, LLP '^7H
MICHAEL J.KELLY,
E
Esq.
1500 Lakeland Avenue LINDA M. CHETKOP Esq.
NY 11716 SHAWN P. O'SHAUGHNESSY, Esq.
Bohemia,
BRIAN P. CALLAHAN, Esq.
(631) 360-7333
DANIEL B. BOYLE, EsQ.
JOSEPHF. FERRETTE, Esq.
MATTHEW MARINO, EsQ.
ANTHONY PALMIOTTO, Esq.
JEFFREYSANTOS, Esq.
LESLIE LOPEz, Esq.
RONNI ROBBINS KRAVATZ, Esq.
GERIANNE L.HAYES, Esq.
VINCENT D. FINNEGAN, Esq.
SCOTT M. DORESON, Esq.
MEGAN D. CABRERA, Esq.
ANTHONY ESPOSITO, Esq.
BRIAN C. FREDRICKSON, Esq.
May 22, 2020
YuICHI P. LEE, Esq.
OF COUNSEL
RICHARD D. SCHWARTZER, Esq.
PETER D.HOTIs, Esq.
VIA facsimile (516) 493-3279 and e-file
Hon. Justice Roy S. Mahon
Supreme Court State of New York
County of Nassau
100 Supreme Court Drive
Mineola, NY 11501
Re: In the Matter of the Application of State Farm v. Renee Hirsh, et al.
Accident·
Date of 2/09/2019
My File No.: 19SF0390-ARB
Index NO.: 612401/2019
Dear Hon. Justice Mahon:
As you are already aware, DeSena & Sweeny, LLP, represents Petitioner STATE
FARM MUTUAL AUTOMOBILE INSURANCE COMPANY ("STATE FARM") in the
above-referenced matter. As detailed below, STATE FARM hereby withdraws the
Petition to Stay Arbitration in this matter.
Please note, Respondent RENEE HIRSH settled her underlying personal injury
lawsuit against the offending vehicle (Renee Hirsh v. Amy Tam and ]ames Tam, Supreme
Court, Queens County, Index Number 702632/2019 ) for $125,000, which is an amount
under the third-party policy limits of the offending vehicle (GEICO $500,000 per
individual/$1,000,000 aggregate). Attached are copies of the closing papers in the
underlying matter. Further, the STATE FARM Uninsured Motorist/Supplementary
Underinsured Motorist policy ($50,000 per individual/$100,000 aggregate) is less than
the GEICO policy limit. As such, the instant Petition is moot and there can be no claim
Page 2 of 2
for Uninsured or Supplmentary Underinsured Motorist Arbitration under New York
law. In addition, counsel for Respondent Renee Hirsh has indicated Respondent merely
Arbitrate"
served a "Notice of Intention to not a "Request for Arbitration". Accordingly,
STATE FARM hereby withdraws the Petition to Stay Arbitration in this matter.
Thank you for your attention to this matter. Should you have any questions or
concerns, please do not hesitate to contact the undersigned.
Very truly yours,
Arthur T. Wade, Esq.
Attachments
cc:
Joseph C. Andruzzi, Esq.
for Respondent Renee Hirsh
Attorney
326 Broadway, Suite 200
Bethpage, NY 11714
Phone (516) 433-8600
Facsimile (516) 882-5089
Picciano & Scahill
Attorneys for Proposed Additional Respondents
James H. Tam and Amy Tam
1065 Steward Avenue - Suite 210
Bethpage, NY 11714
Attn.: Albert Galatan, Esq.
Phone (516) 294-5200
Facsimile (516) 873-6229
Law Office of Gail S. Lauzon
Attorneys for Propos 3d Additional Respondent
GEICO
100 Avenue - E uite 500
Duffy
Hicksville, NY 11801
Attn.: Sharon Feller
Phone (516) 714-7550
Facsimile (866) 953-5f 64
RELEASE IN FUIA OF AIA CLAIMS
Dated.04/14/2020
CLAIM: 0077279810101020
RENEE HIRSH , Releasor(s) of2519 Marshall Avenue,North Bellmore,N.Y
/we, being over
the age of malotity,
for and in consideration of a check forthe sum of .
ONEHUNDREDANDTWEffrY FIVETHOUSAND ($125,000.00) DOt1ARS
lawfulmoney of theUnited States of America to me/us in hand pald,the receiptof
wNch is hereby acknowledged, do formyselflourselves, my/our heirs, avemems, administrators,
successors and assigns, hereby remise, release, and forever discharge
JAMES TAM and AMY TAM and
. _
GEICO General Insurance Company.
Rafaanae(s), successors and assigns, and/or his,her or theirassMatan, heirs,executors and
administrators, and allotherpersons, firmsor corporations of and from any and every claim, demand,
rightor cause of action,ofwhatever kind or nature, on account of or inany way growing out ofany
and allpersonal injurles
and consequences thereof, including,but notIImited to,allcauses of action.
preserved by thewrongful death statuteapplicable, any loss of services and consortium, any injuries
WNch may exist butwhich at this
time are unknown and u::==Hcipated and which may develop at
some time In thefuture,allunforeseen developments arisingfrom known injuries,and any and ell
pr0perty damage resultingor toresultfrom an accident thatoccurred on or about
21912019
at orne-arNassau, NY and especially allliablilty
arising out ofsaid accident
including,but not imited to, for
allliability contribullonand/or Indemnity. AS A FURTHER
CONSIDERATION FOR THE MAKING OF SAID SETTLEMENTAND PAYMENT, IT IS EXPRESSLY
WARRANTED AND AGREED:
(1)That 1/we understand that
fully tNs isa finalsithmsat and dispositionof the disputes both as to
the legal for
ilability said accident, casualty,or event and as to the nature and extent of theinjury,
Illness,disease, and/or damage wNch I/we have sustained and I/we understand that is
Ilabilitydenied
by JAMES TAM and AMY TAM
and GEICO General Insurance Company Releasee(s), and covenanted
it is and
agreed between theReleasor(s) and Releasee(s) hereinthat tNs release and settlement isnot to be
construed as consent or an admission on
of IIability the partof said Re'e=cce(s); that thisrelease and
settlement agreement shallnot be used by said Releasor(s) orenyone on hisbehalf as a defense or
estoppel in any actionwhich isnow panding ormay be brought hereafter by said Releasee(s) against
said Releasor(s) or hisagents and servants, and any claim of whatever kind or nature the
Releasee(s) might have or hereafter have arising from said accident isexpressly reserved to them.
(2)That the undersigned willindemnify and save harmless the Releasee(s) from any and every claim
or demand, of every kindor character which may ever be asserted by reason of saidInlaries,itiness,
or disease or the effectsorconsequences thereof, or damage toproperty or person.
(3) That no promise, agissmarit, statement or representation not herein expressed has been made to
or refledupon by melus and tNs release cañtains the entireagreement between the parties.
IN WITNESS WHEREOF, 1/we have hereunto set mylour hand and seal
Tuesday, April 14 2020
RENEE HIfÊSH Releasor(s) Signature
On tNs Tu••dar®m28 . beforeme appeared
personally
RENEEHMSH . to me known 10 be the person(s) named inand who executed the above
"
release and acknowl god t executed the same as
own free act and deed.
JoSEPH C. ANDRU22i
NOTARY PUBLtC-$fATE OF NEw YORK
No. 02AN5033475
FI ) Quanffed InNossotr Count y
My Commisolon Expires
1100 all to inljam these presents gball tome or may tontern,
Ruoto flEffat
RENEE HIRSH as RELEASOR,
in consideration of the sum of
ONE HUNDRED AND TWENTY FIVE THOUSAND (S125,000.00) DOLLARSEXACTLY
($125,000.00)
received from
AMY TAM and JAMES TAM
as RELEASEE,
receipt whereofis hereby acknowledged, releases and discharges
AMY TAM and JAMES TAM
The RELEASEE, RELEASEE'S successors and assigns from all actions, causes of action, suit, debts,
heirs, executors, administrMors,
dues, sums of money, accounts,. reckonings, specialties, covenants. contracts. controversies,
bonds, bills, agreements, promises variances, trespasses.
damages.judgments. in law. admiralty.
claims, and demands whntsoever,
extents, executions, or equity,
which against the RELEASEE,
the
RELEASOR, RELEASOR'S heirs, executors. successors and assigns ever had. now have or hereafter can, shall or may, have for,
administrators,
upon,or by reason of any matter, cause or thing whatsoever of the world to the day of the date of this RELEASE.
from the beginning
"RELEASOR" "RELEASEE"
The words AND include allreleasors and allreleasees under this
RELEASE.
This RELEASE may not be changed orally.
Lt l!lNtnegg 'l9IJereof, the RELEASOR has hereunto setRELEASOR'S hand and seal on
April 14, 2020
3fn prc#ence Di
........
da
................................................................L.S.
ss.:RENEE HIRSH
STATE OF NEW YORK COUNTY OF
On beforeme personally came RENEE HIRS to me kn wn, and known to me to be the
des
individual(s) and
ribed/in, who executed theforegoing RELEASE, and dplya 'nowled to me that(s)heexecutedthe same.
PUBLIC-STATE OF NEV
NOTARY
No. 02AN503347S
Qualitled in Nassau Count
Commisalon Expires
My
SUPREME COURT OF THE STATE OF NEW YORK, Index#: 702632/2019
COUNTY OF QUEENS
X
RENEE HIRSH, STIPULATION
OE
Plaintiffs, DISCOlyTIl¶UANCE
-against- WITH PREJUDICE
AMY TAM and JAMES TAM,
Defendants,
X
IT IS HEREBY STIPULATED AND AGREED by and bétwcoü counsel for
Plaintiff(s)and Defenda=t(s) that whereas no party hereto is aninfant or incompatcñt person for
whom a committee has been appointed and no personnot a party has an interestin thesubject
matter of theaction,the above entitled action be, and the same hereby is disecutinücd with
prejudice, including any and allclaims which could have been brought in theaction, as against
each other, without costs to any party as against the other.
This Stipektion may be filedwithout further notice with the Clerk of the Court.
Dated: Bethpage, New York
April 22, 2020
S HILL LAW GROUP P.C. JOSEP . , S.
1 65 Stewart Avenue, Suite 210 Attor for
ethpage, NY II714 3 Broedvay 200
Bethpage, New rk 11714
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ROBERT P. SWEENEY, Esq. LOuIs J. DESENA, Esq. D ESENA& S WEENEY, LLP '^7H MICHAEL J.KELLY, E Esq. 1500 Lakeland Avenue LINDA M. CHETKOP Esq. NY 11716 SHAWN P. O'SHAUGHNESSY, Esq. Bohemia, BRIAN P. CALLAHAN, Esq. (631) 360-7333 DANIEL B. BOYLE, EsQ. JOSEPHF. FERRETTE, Esq. MATTHEW MARINO, EsQ. ANTHONY PALMIOTTO, Esq. JEFFREYSANTOS, Esq. LESLIE LOPEz, Esq. RONNI ROBBINS KRAVATZ, Esq. GERIANNE L.HAYES, Esq. VINCENT D. FINNEGAN, Esq. SCOTT M. DORESON, Esq. MEGAN D. CABRERA, Esq. ANTHONY ESPOSITO, Esq. BRIAN C. FREDRICKSON, Esq. May 22, 2020 YuICHI P. LEE, Esq. OF COUNSEL RICHARD D. SCHWARTZER, Esq. PETER D.HOTIs, Esq. VIA facsimile (516) 493-3279 and e-file Hon. Justice Roy S. Mahon Supreme Court State of New York County of Nassau 100 Supreme Court Drive Mineola, NY 11501 Re: In the Matter of the Application of State Farm v. Renee Hirsh, et al. Accident· Date of 2/09/2019 My File No.: 19SF0390-ARB Index NO.: 612401/2019 Dear Hon. Justice Mahon: As you are already aware, DeSena & Sweeny, LLP, represents Petitioner STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY ("STATE FARM") in the above-referenced matter. As detailed below, STATE FARM hereby withdraws the Petition to Stay Arbitration in this matter. Please note, Respondent RENEE HIRSH settled her underlying personal injury lawsuit against the offending vehicle (Renee Hirsh v. Amy Tam and ]ames Tam, Supreme Court, Queens County, Index Number 702632/2019 ) for $125,000, which is an amount under the third-party policy limits of the offending vehicle (GEICO $500,000 per individual/$1,000,000 aggregate). Attached are copies of the closing papers in the underlying matter. Further, the STATE FARM Uninsured Motorist/Supplementary Underinsured Motorist policy ($50,000 per individual/$100,000 aggregate) is less than the GEICO policy limit. As such, the instant Petition is moot and there can be no claim Page 2 of 2 for Uninsured or Supplmentary Underinsured Motorist Arbitration under New York law. In addition, counsel for Respondent Renee Hirsh has indicated Respondent merely Arbitrate" served a "Notice of Intention to not a "Request for Arbitration". Accordingly, STATE FARM hereby withdraws the Petition to Stay Arbitration in this matter. Thank you for your attention to this matter. Should you have any questions or concerns, please do not hesitate to contact the undersigned. Very truly yours, Arthur T. Wade, Esq. Attachments cc: Joseph C. Andruzzi, Esq. for Respondent Renee Hirsh Attorney 326 Broadway, Suite 200 Bethpage, NY 11714 Phone (516) 433-8600 Facsimile (516) 882-5089 Picciano & Scahill Attorneys for Proposed Additional Respondents James H. Tam and Amy Tam 1065 Steward Avenue - Suite 210 Bethpage, NY 11714 Attn.: Albert Galatan, Esq. Phone (516) 294-5200 Facsimile (516) 873-6229 Law Office of Gail S. Lauzon Attorneys for Propos 3d Additional Respondent GEICO 100 Avenue - E uite 500 Duffy Hicksville, NY 11801 Attn.: Sharon Feller Phone (516) 714-7550 Facsimile (866) 953-5f 64 RELEASE IN FUIA OF AIA CLAIMS Dated.04/14/2020 CLAIM: 0077279810101020 RENEE HIRSH , Releasor(s) of2519 Marshall Avenue,North Bellmore,N.Y /we, being over the age of malotity, for and in consideration of a check forthe sum of . ONEHUNDREDANDTWEffrY FIVETHOUSAND ($125,000.00) DOt1ARS lawfulmoney of theUnited States of America to me/us in hand pald,the receiptof wNch is hereby acknowledged, do formyselflourselves, my/our heirs, avemems, administrators, successors and assigns, hereby remise, release, and forever discharge JAMES TAM and AMY TAM and . _ GEICO General Insurance Company. Rafaanae(s), successors and assigns, and/or his,her or theirassMatan, heirs,executors and administrators, and allotherpersons, firmsor corporations of and from any and every claim, demand, rightor cause of action,ofwhatever kind or nature, on account of or inany way growing out ofany and allpersonal injurles and consequences thereof, including,but notIImited to,allcauses of action. preserved by thewrongful death statuteapplicable, any loss of services and consortium, any injuries WNch may exist butwhich at this time are unknown and u::==Hcipated and which may develop at some time In thefuture,allunforeseen developments arisingfrom known injuries,and any and ell pr0perty damage resultingor toresultfrom an accident thatoccurred on or about 21912019 at orne-arNassau, NY and especially allliablilty arising out ofsaid accident including,but not imited to, for allliability contribullonand/or Indemnity. AS A FURTHER CONSIDERATION FOR THE MAKING OF SAID SETTLEMENTAND PAYMENT, IT IS EXPRESSLY WARRANTED AND AGREED: (1)That 1/we understand that fully tNs isa finalsithmsat and dispositionof the disputes both as to the legal for ilability said accident, casualty,or event and as to the nature and extent of theinjury, Illness,disease, and/or damage wNch I/we have sustained and I/we understand that is Ilabilitydenied by JAMES TAM and AMY TAM and GEICO General Insurance Company Releasee(s), and covenanted it is and agreed between theReleasor(s) and Releasee(s) hereinthat tNs release and settlement isnot to be construed as consent or an admission on of IIability the partof said Re'e=cce(s); that thisrelease and settlement agreement shallnot be used by said Releasor(s) orenyone on hisbehalf as a defense or estoppel in any actionwhich isnow panding ormay be brought hereafter by said Releasee(s) against said Releasor(s) or hisagents and servants, and any claim of whatever kind or nature the Releasee(s) might have or hereafter have arising from said accident isexpressly reserved to them. (2)That the undersigned willindemnify and save harmless the Releasee(s) from any and every claim or demand, of every kindor character which may ever be asserted by reason of saidInlaries,itiness, or disease or the effectsorconsequences thereof, or damage toproperty or person. (3) That no promise, agissmarit, statement or representation not herein expressed has been made to or refledupon by melus and tNs release cañtains the entireagreement between the parties. IN WITNESS WHEREOF, 1/we have hereunto set mylour hand and seal Tuesday, April 14 2020 RENEE HIfÊSH Releasor(s) Signature On tNs Tu••dar®m28 . beforeme appeared personally RENEEHMSH . to me known 10 be the person(s) named inand who executed the above " release and acknowl god t executed the same as own free act and deed. JoSEPH C. ANDRU22i NOTARY PUBLtC-$fATE OF NEw YORK No. 02AN5033475 FI ) Quanffed InNossotr Count y My Commisolon Expires 1100 all to inljam these presents gball tome or may tontern, Ruoto flEffat RENEE HIRSH as RELEASOR, in consideration of the sum of ONE HUNDRED AND TWENTY FIVE THOUSAND (S125,000.00) DOLLARSEXACTLY ($125,000.00) received from AMY TAM and JAMES TAM as RELEASEE, receipt whereofis hereby acknowledged, releases and discharges AMY TAM and JAMES TAM The RELEASEE, RELEASEE'S successors and assigns from all actions, causes of action, suit, debts, heirs, executors, administrMors, dues, sums of money, accounts,. reckonings, specialties, covenants. contracts. controversies, bonds, bills, agreements, promises variances, trespasses. damages.judgments. in law. admiralty. claims, and demands whntsoever, extents, executions, or equity, which against the RELEASEE, the RELEASOR, RELEASOR'S heirs, executors. successors and assigns ever had. now have or hereafter can, shall or may, have for, administrators, upon,or by reason of any matter, cause or thing whatsoever of the world to the day of the date of this RELEASE. from the beginning "RELEASOR" "RELEASEE" The words AND include allreleasors and allreleasees under this RELEASE. This RELEASE may not be changed orally. Lt l!lNtnegg 'l9IJereof, the RELEASOR has hereunto setRELEASOR'S hand and seal on April 14, 2020 3fn prc#ence Di ........ da ................................................................L.S. ss.:RENEE HIRSH STATE OF NEW YORK COUNTY OF On beforeme personally came RENEE HIRS to me kn wn, and known to me to be the des individual(s) and ribed/in, who executed theforegoing RELEASE, and dplya 'nowled to me that(s)heexecutedthe same. PUBLIC-STATE OF NEV NOTARY No. 02AN503347S Qualitled in Nassau Count Commisalon Expires My SUPREME COURT OF THE STATE OF NEW YORK, Index#: 702632/2019 COUNTY OF QUEENS X RENEE HIRSH, STIPULATION OE Plaintiffs, DISCOlyTIl¶UANCE -against- WITH PREJUDICE AMY TAM and JAMES TAM, Defendants, X IT IS HEREBY STIPULATED AND AGREED by and bétwcoü counsel for Plaintiff(s)and Defenda=t(s) that whereas no party hereto is aninfant or incompatcñt person for whom a committee has been appointed and no personnot a party has an interestin thesubject matter of theaction,the above entitled action be, and the same hereby is disecutinücd with prejudice, including any and allclaims which could have been brought in theaction, as against each other, without costs to any party as against the other. This Stipektion may be filedwithout further notice with the Clerk of the Court. Dated: Bethpage, New York April 22, 2020 S HILL LAW GROUP P.C. JOSEP . , S. 1 65 Stewart Avenue, Suite 210 Attor for ethpage, NY II714 3 Broedvay 200 Bethpage, New rk 11714