Preview
At an I.A.S. Part of the Supreme Court of the
State of New York, held in and for the County
of New York, 60 Centre Street, New York, New
York on the __ day of , 2020.
P R E S E N T:
HONORABLE
Justice.
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In the Matter of
S. P., an infant by her parents and
natural guardians Gina Polavarapu and Hari Polavarapu,
and Gina Polavarapu, Individually, and Hari Polavarapu
Individually,
Plaintiffs, COMPROMISE ORDER
- against - Index No.:160385/2019
THE CITY OF NEW YORK,
Defendants.
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Upon reading and filing the affidavits of Gina Polavarapu and Hari Polavarapu, dated
the 8th day of May, 2019; the affirmation of Carmine A. Rubino, Esq., dated the 8th day of
May, 2019; upon the report of Ajay Mirani, M.D., dated August 27, 2018; and S.P. being 8
years of age having been born on June 3, 2011; and S.P. having suffered injury and being
mentally incompetent; and upon all of the pleadings and proceedings had herein; it is
Upon motion of KRAMER, DILLOF, LIVINGSTON & MOORE, ESQS, attorneys for the
plaintiffs herein, it is
ORDERED, that this matter be and the same hereby is compromised and settled as
set forth herein, and it is further,
ORDERED, that based upon the financial requirements to have the infant’s full name
appear on the settlement checks provisions of 22 NYCRR §202.5(e) are hereby waived for
good cause, and it is further,
ORDERED, that the action of S.P., an infant by her parents and natural guardians
Gina Polavarapu and Hari Polavarapu, and Gina Polavarapu, Individually, and Hari
Polavarapu, Individually, Petitioner’s as against The City of New York is hereby settled for the
total sum of $90,000.00, and it is further,
ORDERED, that Respondents, The City of New York, by their representatives shall,
within 90 days of presentation of this Compromise Order, a duly executed General Release
and Hold Harmless agreement shall issue checks for a total of $90,000.00 as follows:
A. $27,000.00 payable to Kramer, Dillof, Livingston & Moore, Esqs. which represents
their attorneys’ fee;
B. $63,000.00 made payable to Gina Polavarapu and Hari Polavarapu as custodians
for S.P., an infant to be deposited in a UGMA (Uniform Gifts to Minor Act Account) with
Chase Bank, N.A. located at 45 wall Street, New York, New York 10005, there will be no
access to said account;
and it is further;
ORDERED, that upon respondents The City of New York, or their representatives,
issuing the full settlement amount of $90,000.00, The City of New York their
representatives, shall be held harmless and indemnified from any claim and/or lien that
may be claimed against this lawsuit, now and in the future. Petitioners will have the sole
responsibility to address any claim and/or lien that may become known, and currently no
lien exists regarding any claim in this action, and it is further,
ORDERED, that upon the infant reaching the age of eighteen on June 3, 2029
Chase Bank, N.A., shall transfer or releases the funds held for S.P. to S.P. Individually, and
it is further,
ORDERED, that Chase Bank, N.A., is directed to comply with any further order of
this Court and other Court with jurisdiction over S.P., an infant, and release any and all
funds as provided for in the order, and it is further,
Ordered, that Gina Polavarapu and Hari Polavarapu are hereby waiving their loss of
services claim; and it is further,
ORDERED, that the filing of a bond is not required at this time, and it is further,
ORDERED, that any claims and/or bills of the respondents against S.P. which arose
from the facts and circumstances of this lawsuit shall not be enforced, and it is further,
ORDERED, that this Order and the papers upon which is based is sealed except to
the parties, their attorneys of record and authorized Court personnel, and it is further,
ORDERED, that Gina Polavarapu and Hari Polavarapu are hereby granted leave to
execute a General Release and any other papers or documents necessary to effectuate the
settlement embodied therein.
E N T E R:
______________________________
J. S.C.