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, on
the _ day of ,2016.
PRESENT:
HON.
Justice.
x
CRYSTAL LEACH as Administrator D.B.N. of the Estate
of ETHEL GENERETTE, DECEASED,
Plaintiff, ORDER
FOR COMPROMISE
PURSUANT
-against-
TO EPTL 5.4.6
HOLLISWOOD CARE CENTER, INC., HOLLISWOOD
Index No.: 70177712014
CENTER FOR REHABILITATION AND
HEALTHCARE, HOLLIS OPERATING CO. LLC, NEW
YORK CITY HEALTH AND HOSPITALS
CORPORATION and QUEENS HOSPITAL CENTER,
Defendants.
-------x
Upon reading and filing the annexed affidavit of Plaintiff, CRYSTAL LEACH in her
capacily as Administrator D.B.N. of the Estate of ETHEL GENERETTE, sworn to on the 28th
day of December, 2016. the affirmation of Deborah F. Truhowsky, Esq., dated December 28,
2016 (the "Affirmation"), and, upon finding that,
An offer of settlement in the above-captioned action in the total amount of TWO
HUNDRED SEVENTY FIVE THOUSAND FOUR HUNDRED THIRTY SIX
($275,436.99) DOLLARS AND NINETY NINE CENTS ($245,000.00 on behalf of
defendants, HOLLISWOOD CARE CENTER, INC. HOLLISWOOD CENTER FOR
REHABILITATION AND HEALTHCARE, and HOLLIS OPERATING CO. LLC and
$30,436.99 on behalf of defendant NEW YORK CITY HEALTH AND HOSPITALS
CORPORATION ($25,000.00 settlement and $5,436.99 reduction in the
MEDICAID/DEPARTMENT OF SOCIAL SERVICES LIEN) has been made to tully and
finally settle the above-captioned action;
And the Administrator D.B.N., CRYSTAL LEACH, 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 compromise of her attorneys' fees and
disbursements, and for an order referring all matters relating to the allocation and distribution of
said proceeds for the determination of the 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 Medicaid/Department of Social Services lien in the amount of
$27,000.00, a frnal lien from Medicare in the amount of $477.97 and reimbursement of funeral
expenses to Sheldon Generette in the amount $2,025.75;
NOW, upon said application of the Plaintiff by her attorneys, LAW FIRM OF D.F.
TRUHOWSKY, it is hereby:
ORDERED, that, pursuant to EPTL 5-4.6(a), the settlement of the above-captioned
action by the parties herein for the total sum of TWO HUNDRED SEVENTY FM
THOUSAND FOUR HUNDRED THTRTY SIX ($275,436.99) DOLLARS AND NINETY
NINE CENTS, payable as indicated, is hereby compromised and approved; and it is further
-2-
ORDERED, that plaintiff s attorneys' fees in the amount of $84,781.35 and the return of
disbursements to plaintiff s attorneys in the amount of $18,019.50 are hereby compromised and
approved; and it is further;
ORDERED, that payment by Plaintiff of the final lien to MedicaidiDepartment of Social
Services in the amount of $27,000.00, constituting full satisfaction of all claims of
Medicaid/Department of Social Services and as full settlement of any lien owed for services
provided to ETHEL GENERETTE is hereby compromised and approved; and it is further
ORDERED, that payment by Plaintiff of the final lien to Medicare in the amount of
$477 .97 , constituting full satisfaction of all claims of Medicare and as full settlement of any lien
owed for benefits provided to ETHEL GENERETTE is hereby compromised and approved;
and it is further
ORDERED, that reimbursement to Sheldon Generette for the decedent's funeral
expenses in the amount of $2,025.7 5 is hereby compromised and approved; and it is further
ORDERED, that Administrator D,B.N. CRYSTAL LEACH, 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 D.B.N. CRYSTAL LEACH shall forthwith make
application to the Sumogate's Court, County of Queens, to allocate and distribute the settlement
proceeds; and it is further
-3-
ORDERED, that pursuant to EPTL 5-a.6@) (2), the sum of $27 5 ,436.99 shall be paid as
follows: $245,000.00 on behalf of defendants, HOLLISWOOD CARE CENTER, INC.
HOLLISWOOD CENTER FOR REHABILITATION AND HEALTHCARE, and HOLLIS
OPERATING CO. LLC and $30,436.99 on behalf of defendant NEW YORK CITY HEALTH
AND HOSPITALS CORPORATION ($25,000.00 settlement and $5,436.99 reduction in the
MEDICAID/DEPARTMENT OF SOCIAL SERVICES LIEN) in accordance with CPLR $5003-
A; and it is fuither
ORDERED, that said release, hold harmless and stipulation of discontinuance shall be
held in escrow by defense counsel pending fuIl receipt and collection of defendants' settlement
obligation; and it is further
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 it is 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 it is further
ORDERED, that pursuant to EPTL 5-a.6@)(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 attomey for the Administrator D.B.N., the LAW
-4-
FIRM OF D.F. TRUHOWSKY, shall hereby be permitted to withdraw and pay its herein
approved attorneys' fees and reimbursable disbursements from said escrow account; and it is
fuither
ORDERED, that after payment from the escrow account of the Medicaid/Depafiment of
Social Seruices lien, the Medicare lien, funeral expense reimbursement, attorneys' fee and the
attorneys' 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 Surrogate's Cour1, Queens County
determining the allocation and distribution of such funds, and it is fuither
ORDERED, that pursuant to EPTL Section 5-4.6, the attomey for the Administrator
D.B.N., the LAW FIRM OF D.F. TRUHOWSKY, shall continue to serve as attorney for the
Estate until the entry of a frnal Decree in the Surrogate's Court allocating and distributing the
settlement proceeds and it is further
ORDERED, that the Administrator D.B.N. is authorized to discontinue with prejudice all
claims against all defendants.
ENTER
J. S. C.
-5-
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
--x
CRYSTAL LEACH, as ADMINISTRATOR D.B.N. of the
estate of ETHEL GENERETTE, DECEASED,
Plaintiff, AF'FIDAVIT
-against- Index #: 70177712014
HOLLSWOOD CARE CENTER, INC., HOLLISWOOD
CENTER FOR REHABILITATION AND HEALTHCARE,
HOLLIS OPERATING CO. LLC, NEW YORK CITY
HEALTH AND HOSPITALS CORPORATION and QUEENS
HOSPITAL CENTER,
Defendants.
-----------------x
CRYSTAL LEACH, being duly sworn, deposes and says:
t. I am the plaintifVAdministrator D.B.N. in the above referenced matter and I am
fully familiar with the facts and circumstances set forth herein.
2. This application by my attomeys is made at my request and pursuant to EPTL
Section 5-4.6 for approval of the total settlement sum of $27 5,436.99 on behalf of defendants,
HOLLISWOOD CARE CENTER, INC. HOLLISWOOD CENTER FOR REHABILITATION
AND HEALTHCARE, HOLLIS OPERATING CO. LLC, andNEW YORK CITY HEALTH
AND HOSPITALS CORPORATION, approval of attorneys' fees and disbursements, and for an
Order referring all issues concerning distribution and allocation of the settlement proceeds to the
Surrogate's Court, County of Queens.
3. Sheldon Generette paid the funeral expenses for the decedent in the amount of
$2,025.75, and he is seeking reimbursement for said payment.
4. I have been informed by my attomeys that EPTL Section 5-4.6 specifically
authorizes the Supreme Court to approve of the total settlement sum, attorneys' fees and
disbursements, and to order immediate payment of said settlement funds into plaintiffs
counsel's interest bearing escrow account. Here, I respectfully request that the settlement sums
be transferred to my attorney's interest bearing escrow account immediately.
5. Pursuant to EPTL Section 5-4.6, therefore, and consistent with its requirements,
plaintiff respectfully requests that this Court:
(a) Approve and compromise the total settlement sum in the amount of
$275,436.99 ($245,000.00 on behalf of defendants, HOLLISWOOD CARE CENTER, INC.
HOLLISWOOD CENTER FOR REHABILITATION AND HEALTHCARE, and HOLLIS
OPERATING CO. LLC and $30,436.99 on behalf of defendant NEW YORK CITY HEALTH
AND HOSPITALS CORPORATION ($25,000.00 settlement and $5,436.99 reduction in the
MEDICAID/DEPARTMENT OF SOCIAL SERVICES LIEN);
(b) Approve plaintiff s attofireys' fees and disbursements in the total amount of
$102,800.85 (attorneys' fees in the amount of $84,781.35 and refurn of disbursements in the
amount of $18,091.50) to the LAW FIRM OF D.F. TRUHOWSKy;
(c) Approve payment to MEDICAID/DEPARTMENT OF SOCIAL
SERVICES in the amount of $27,000.00, constituting full satisfaction of all claims of
MEDICAID/DEPARTMENT OF SOCIAL SERVICES and as full settlement of any lien owed
for services provided to ETHEL GENERETTE;
(d) Approve payment to MEDICARE in the amount of $477.97, constituting full
satisfaction of a1l claims of MEDICARE and as full settlement of any lien owed for benefits
provided to ETHEL GENERETTE;
(e) Approve payment of the total settlement sum of $275,436.99 ($245,000.00 on
bEhAlf Of defendants, HOLLISWOOD CARE CENTER, fNC., HOLLISWOOD CENTER FOR
REHABILITATION AND HEALTHCARE, and HOLLIS OPERATING CO. LLC and
$30,436.99 on behalf of defendant NEW YORK CITY HEALTH AND HOSPITALS
CORPORATION (25,000.00 settlement and $5,436.99 reduction in the
MEDICAID/DEPARTMENT OF SOCIAL SERVICES LIEN);
(f) Refer allocation and distribution of settlement proceeds to the Surrogate's
Court pursuant to the Intestacy Statutes;
(g) Pemit plaintiffls Counsel to pay its attorneys' fees and disbursements fi'om
said escrow account upon proof of filing to this Court of a petition to compromise, to allocate
and to distribute the settlement to the Surrogate's Court, County of Queens (EPTL 5-a.6@)(2);
and
(h) Direct plaintifls counsel to continue to serve as attomey for the Estate until a
final Decree is entered in the Sun:ogate's Court.
WHEREFORE, plaintiff respectfully requests that the Court approve the within
settlement, order the payment of the $275,436.99 settlement as described above and order the
other and fui'ther relief as is contained in the proposed Order..
YST LEACH
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
-------x
CRYSTAL LEACH as Administrator D.B.N. of the Estate of
ETHEL GENERETTE, DECEASED, AFFIRMATION
IN suPPoRT
Plaintiff,
-against-IndexNo.:70177712014
HOLLISWOOD CARE CENTER, INC., HOLLISWOOD
CENTER FOR REHABILITATION AND HEALTHCARE
HOLLIS OPERATING CO. LLC, NEW YORK CITY
HEALTH AND HOSPITALS CORPORATION and QUEENS
HOSPITAL CENTER,
Defendants.
-----------x
Deborah F. Truhowsky, Esq., an attorney duly admitted to practice law before all the
Courts of the State ofNew York, hereby affirms the following under the penalties of pe{ury.
L I am a member of the LAW FIRM OF D.F. TRUHOWSKY, attorneys for
plaintiff CRYSTAL LEACH as Administrator D.B.N. of the Estate of ETHEL
GENERETTE, Deceased, and as such, I am fully familiar with all of the facts and
circumstances as set forth herein.
2. Your affirmant represents the Estate of ETHEL GENERETTE and the
Administrator D.B.N. of that Estate, CRYSTAL LEACH in the above-captioned action.
CRYSTAL LEACH was appointed as Administrator D.B.N. of the Estate pursuant to Order of
the Surrogates Court, State of New York, County of Queens, dated February 28,2014. A copy of
the Letters issued is annexed hereto as Exhibit "A".
3. This application is being made at the request of the Administrator D.B.N. and
pursuant to EPTL Section 5-4.6 for approval of the total settlement sum, attorneys' fees and
disbursements, and for an Order referring all issues concerning distribution and allocation of the
settlement proceeds to the Surrogate's Court, County of Queens. For ease of reference, the
exhibits arc attached as follows:
Exhibit 6'A" Letters of Administration
Exhibit o'B" Retainer Agreement
Exhibit 5sC" Transcript/Inquest confirming settlement on the record
Exhibit "D" Disbursements
Exhibit 66E" Funeral BiIl
Exhibit 66F" Letters regarding Medicaid and Medicare liens
4. The injuries that resulted in the decedent's conscious pain and suffering and death
were sustained during her admissions to HOLLISWOOD CENTER FOR REHABILITATION
AND HEALTHCARE from on or about June 10, 2009 to October 17,2012 and QUEENS
HOSPITAL CENTER during the period of October 17,2012 to November 23,2012. These
facilities failed to follow andlor revise their own care plans and protocols in order to prevent
injuries, and as a result, this lead to Ms. Generette's development and worsening of multiple
pressure ulcers, and fracture of her left wrist at HOLLISWOOD CENTER FOR
REHABILITATION AND HEALTHCARE. Plaintiffs decedent expired at New York Hospital
Medical Centre of Queens on December 22,2012.
5. Plaintiff retained the Law Firm of D.F. Truhowsky to be her attorneys on
November l, 2012, and Retainer #3686616 was issued by the Office of Court Administration.
A copy of the Retainer agreement is annexed hereto as Exhibit "8".
6. The decedent's voluminous medical records were obtained and reviewed.
Plaintiffs counsel thereafter consulted with several medical experts concerning the validity of
Plaintiff s claim including a nurse consultant and geriatrician. A Notice of Claim was filed with
NEW YORK CITY HEALTH AND HOSPITALS CORPORATION aNd QUEENS
HOSPITAL CENTER and an Order to Show Cause was filed to amend the Notice of Claim
after the initial Estate representative, Reather Turner died unexpectedly. A 50-h examination
was conducted of Sheldon Generette, the decedent's son as well as CRYSTAL LEACH, the
Plaintiff herein. After a thorough and comprehensive analysis, an action was instituted against
defendants, HoLLISwooD CARE CENTER, fNC., HoLLISwooD CENTER FoR
REHABILITATION AND HEALTHCARE, HOLLIS OPERATING CO. LLC, NEW YORK
CITY HEALTH AND HOSPITALS CORPORATION and QUEENS HOSPITAL CENTER
under Index Number 70177712014, alleging causes of action for negligence, violation of Public
Health Law Section 2801-d, medical malpractice and wrongful death.
7. The Defendants answered the complaint denying the material allegations therein,
and the case proceeded.
8. The matter proceeded through an extensive discovery process. A verified bill of
particulars was served, and extensive correspondence was exchanged by and between counsels.
Numerous discovery demands and responses to demands were gathered, received and
responded to, in the context of this complex action. The Deposition of the plaintiff was held,
and witnesses were also deposed on behalf of the Defendants following multiple consultations
with plaintiff s expert witnesses. This office appeared at numerous Court appearances, a Note
of Issue was filed and Expert Witness Responses were exchanged. We engaged in numerous
settlement discussions with defense counsel and attended several Pre-Trial Conferences. We
prepared the case for trial, and the case settled right before trialbefore the Honorable Allan B.
Weiss in the amount of $275,436.99 ($245,000.00 on behalf of defendants, HOLLISWOOD
CARE CENTER, INC. HOLLISWOOD CENTER FOR REHABILITATION AND
HEALTHCARE, and HOLLN OPERATING CO. LLC and $30,436.99 on behalf of
defendant NEW YORK CITY HEALTH AND HOSPITALS CORPORATION
($25,000.00 settlement and $5,436.99 reduction in the MEDICAID/DEPARTMENT OF
SOCIAL SERVICES LIEN).
9. Annexed hereto as Exhibit'oC" is a copy of the transcript/inquest confirming the
total settlement offer of $275,436.99.
10. The settlement offer was conveyed and the Administrator was advised of the
benefits and risk associated with proceeding to trial. After careful consideration, the
Administrator D.B.N. of decedent's estate decided to accept the defendants' settlement offer.
11. The settlement should be approved because the Plaintiff has to contend with
defendants' allegations of decedent's underlying medical conditions and age.
12. The names and dates of birth of ETHEL GENERETTE's distributees who are left
surviving are listed below:
Distributee Relationship Date of Birth Current Age
Sheldon Generette Son 21211962 54
13. Your affirmant and plaintiff believe the settlement is in the best interest of the
Estate. Letters of Administration D.B.N. were issued appointing Crystal Leach as Administrator
D.B.N. of the Estate on February 28, 2014. Given these circumstances, the Administrator
CRYSTAL LEACH, felt a settlement was appropriate in the circumstances. At the time of the
settlement, Administrator D.B.N. Crystal Leach, indicated her voluntary acceptance of the
settlement and her understanding that legal fees and disbursements would be paid out of the
settlement proceeds. Annexed hereto and incorporated herein by reference is the affidavit of
Crystal Leach indicating the same.
14. At the time plaintiff s counsel was retained, the plaintiff executed the standard
retainer, which provided for attorneys' fees as follows: 33 ll3o/o of all sums recovered for
negligence and perso,.-r injury or, if Judiciary Law 474-a,-,nains in effect, for medical
malpractice cases, only:
30% of the legal fee received against the first $250,000 of plaintiffs recovery;
25Yo of the legal fee received on the next $250,000 of plaintiffs recovery;
20%o of the legal fee received on the next $500,000 of plaintiffs recovery;
l5o/oof the legal fee received on the next $250,000 of plaintiffs recovery;
10% of the legal fee received on any amount recovered for the plaintiff over $1,250,000.
A copy of the retainer agreement is attached hereto as Exhibit ,,B',.
15. Plaintiff s counsel advanced disbursements in the prosecution of the claim in the
total sum of $181019.50. A listing of the disbursements which have been incurred in the
prosecution of the case is attached hereto as Exhibit ooD". Pursuant to said retainer agreement,
the total legal fee against the settlement, after reduction for disbursements, is in the total amount
of $84,781.35 (33.3% of the net recovery from the HOLLISWOOD defendants, i.e.
$76,247.96 and 307o of the net recovery from NEW YORK CITY HEALTH AND
HOSPITALS CORPORATION, i.e. $8,533.39). After deducting for disbursements and
attomeys' fee, the net settlement for the benefit of the Estate and the distributees is in the amount
of $172,636.14.
16. Decedent's funeral bill totaled 92,025.75, and was paid by Decedent's son,
Sheldon Generette. He is seeking reimbursement for said bill. Annexed hereto as Exhibit 66E" is
a copy of the paid funeral bil[.
17. Ms. Generette was a recipient of Medicare benefits. On October 28, 2016,
Medicare issued a Conditional Payment letter reflecting benefits paid in the amount of
$34,641.96. We requested a Final Demand letter, and Medicare issued a Final letter dated
December 9,2016 reflecting a frnal lien in the amount of $477.97. Annexed hereto as Exhibit
"F" is a copy of the final demand letter.
18. Ms. Generette was also a recipient of Medicaid benefits. On May 27,2076,
Medicaid issued a letter reflecting they had a lien in the amount of $32,436.99. After extensive
negotiations and as a term of the settlement on the record the Medicaid lien was reduced to
$27,000.00. Annexed hereto as Exhibit'6F' is a copy of Medicaid's May 27,2016letter.
19. There are no medical bills or hospital bills outstanding, and there are no
assignments, compensation claims or liens filed with Plaintiff as Administrator D.B.N., except as
set forth herein, and the Medicaid/Department of Social Services and Medicare liens are being
fully satisfied from the proceeds of this settlement.
20. Affirmant has not become interested in the within matter at the instance of the
defendants, directly or indirectly and no compensation has been or will be received by deponent
from defendants or their attorneys or representatives. Any compensation to be received by way
of fees herein is to be paid out of the proceeds of the proposed settlement and not otherwise.
21. The LAW FIRM OF D.F. TRUHOWSKY does not represent any other person
asserting a claim arising from this occulrence.
22. Your deponent caused a check of the records of this Court/County Clerk to be
made for outstanding and/or non satisfied liens, claims, assignments, powers of attorney, and
encumbrances and found none. Your deponent has been advised by the plaintiff that plaintiff
does not know of any liens filed or recorded, and your deponent has inquired of the plaintiff and
is satisfied that the only claims that have been filed with the Administrator D.B.N. are those
shown in this affirmation.
23. A recent amendment to EPTL Section 5-4.6, enacted specifically to remedy losses
occasioned by long delays in obtaining settlement approval by the Surrogate's Court, specifically
authorizes the Supreme Court to approve of the total settlement sum, attomeys' fees and
disbursements, and to order immediate payment of said settlement funds into plaintifls
counsel's interest bearing escrow account. Here, plaintiff requests that the settlement sums be
transferred to plaintiffs attorney's interest bearing escrow account immediately. For ease of
calculation, it is respectfully requested that this Court:
(a) Approve and compromise the total settlement sum in the amount of
$275,436.99 ($245,000.00 on behalf of defendants, HOLLISWOOD CARE CENTER, INC.,
HOLLISWOOD CENTER FOR REHABILITATION AND HEALTHCARE, and
HOLLIS OPERATING CO. LLC and $30,436.99 on behalf of defendant NEW YORK CITY
HEALTH AND HOSPITALS CORPORATION ($25,000.00 settlement and $5,436.99
reduction in the MEDICAID/DEPARTMENT oF SOCIAL SERVICES LIEN);
(b) Approve plaintiffs attorneys' fees and disbursements in the total amount of
$1021800.85 (attorneys'fees in the amount of $84,781.35 and return of disbursements in the
amount of $18,019.50) to the LAW FIRM OF D.F. TRUHOWSKY;
(c) Approve payment to MEDICAID/DEPARTMENT OF SOCIAL
SERVICES in the amount of $27,000.00, constituting full satisfaction of allclaims of
MEDICAID/DEPARTMENT OF SOCIAL SERVICES and as tull settlement of any lien owed
for services provided to ETHEL GENERETTE;
(d) Approve payment to MEDICARE in the amount of $477.97, constitutine full
satisfaction of all claims of Medicare and as fuIl settlement of any lien owed for benefits
provided to ETHEL GENERETTE;
(e) Approve reimbursement to Sheldon Generette for the decedent's funeral
expenses in the amount of $2,025.75;
(f) Approve payment of the total settlement sum of $275,436.99, ($245,000.00 on
behalf of defendants, HoLLISwooD CARE CENTER, INC., HoLLISwooD CENTER
FOR REHABILITATION AND HEALTHCARE, And HOLLIS OPERATING CO. LLC
and $30,436.99 on behalf of defendant NEW YORK CITY HEALTH AND HOSPITALS
CORPORATION ($25,000.00 settlement and $5,436.99 reduction in the
MEDICAID/DEPARTMENT OF SOCIAL SERVICES LIEN) in accordance with CPLR $5003-
A;
(g) Refer allocation and distribution of settlement proceeds to the Surrogate's
Court, Queens County pursuant to the Intestacy Statutes;
(h) Permit plaintiffs Counsel to pay its attorneys' fees and disbursements from
said escrow account upon proof of filing to this Court of a petition to compromise, to allocate
and to distribute the settlement to the Surrogate's Court, County of Queens (EPTL 5-a.6@)(2);
and
(i) Direct plaintiff s counsel to continue to serve as attomey for the Estate until a
final Decree is entered in the Surrogate's Court.
24. No prior application for the relief requested herein has been made to any Court or
Judge.
WHEREFORE, your affirmant respectfully requests that the Court approve the within
settlement, order the payment of the $275,436.99 settlement as described above and order the
other and further relief as is contained in the proposed Order attached herewith.
Dated: New York, New York
December Ag,2016
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
---------x
CRYSTAL LEACH, as Administrator D.B.N. of the Estate lndex #:70177712014
of ETHEL GENERETTE, Deceased,
Plaintiff,
-against-
HOLLISWOOD CARE CENTER, INC., HOLLISWOOD
CENTER FOR REHABILITATION AND
HEALTHCARE, HOLLIS OPERATING CO., LLC,
NEW YORK CITY HEALTH AND HOSPITAL
CORPORATION and QUEENS HOSPITAL CENTER,
Defendants.
--------x
ORDER FOR COMPROMISE PURSUANT TO EPTL 5-4.6
LAW FIRM OF D.F. TRUHOWSKY
Attorneys atLaw
100 Park Avenue, 16tl'Floor
NewYork,NewYork 10017
(2r2) 880-6496
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, on the _ day of ,2016. PRESENT: HON. Justice. x CRYSTAL LEACH as Administrator D.B.N. of the Estate of ETHEL GENERETTE, DECEASED, Plaintiff, ORDER FOR COMPROMISE PURSUANT -against- TO EPTL 5.4.6 HOLLISWOOD CARE CENTER, INC., HOLLISWOOD Index No.: 70177712014 CENTER FOR REHABILITATION AND HEALTHCARE, HOLLIS OPERATING CO. LLC, NEW YORK CITY HEALTH AND HOSPITALS CORPORATION and QUEENS HOSPITAL CENTER, Defendants. -------x Upon reading and filing the annexed affidavit of Plaintiff, CRYSTAL LEACH in her capacily as Administrator D.B.N. of the Estate of ETHEL GENERETTE, sworn to on the 28th day of December, 2016. the affirmation of Deborah F. Truhowsky, Esq., dated December 28, 2016 (the "Affirmation"), and, upon finding that, An offer of settlement in the above-captioned action in the total amount of TWO HUNDRED SEVENTY FIVE THOUSAND FOUR HUNDRED THIRTY SIX ($275,436.99) DOLLARS AND NINETY NINE CENTS ($245,000.00 on behalf of defendants, HOLLISWOOD CARE CENTER, INC. HOLLISWOOD CENTER FOR REHABILITATION AND HEALTHCARE, and HOLLIS OPERATING CO. LLC and $30,436.99 on behalf of defendant NEW YORK CITY HEALTH AND HOSPITALS CORPORATION ($25,000.00 settlement and $5,436.99 reduction in the MEDICAID/DEPARTMENT OF SOCIAL SERVICES LIEN) has been made to tully and finally settle the above-captioned action; And the Administrator D.B.N., CRYSTAL LEACH, 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 compromise of her attorneys' fees and disbursements, and for an order referring all matters relating to the allocation and distribution of said proceeds for the determination of the 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 Medicaid/Department of Social Services lien in the amount of $27,000.00, a frnal lien from Medicare in the amount of $477.97 and reimbursement of funeral expenses to Sheldon Generette in the amount $2,025.75; NOW, upon said application of the Plaintiff by her attorneys, LAW FIRM OF D.F. TRUHOWSKY, it is hereby: ORDERED, that, pursuant to EPTL 5-4.6(a), the settlement of the above-captioned action by the parties herein for the total sum of TWO HUNDRED SEVENTY FM THOUSAND FOUR HUNDRED THTRTY SIX ($275,436.99) DOLLARS AND NINETY NINE CENTS, payable as indicated, is hereby compromised and approved; and it is further -2- ORDERED, that plaintiff s attorneys' fees in the amount of $84,781.35 and the return of disbursements to plaintiff s attorneys in the amount of $18,019.50 are hereby compromised and approved; and it is further; ORDERED, that payment by Plaintiff of the final lien to MedicaidiDepartment of Social Services in the amount of $27,000.00, constituting full satisfaction of all claims of Medicaid/Department of Social Services and as full settlement of any lien owed for services provided to ETHEL GENERETTE is hereby compromised and approved; and it is further ORDERED, that payment by Plaintiff of the final lien to Medicare in the amount of $477 .97 , constituting full satisfaction of all claims of Medicare and as full settlement of any lien owed for benefits provided to ETHEL GENERETTE is hereby compromised and approved; and it is further ORDERED, that reimbursement to Sheldon Generette for the decedent's funeral expenses in the amount of $2,025.7 5 is hereby compromised and approved; and it is further ORDERED, that Administrator D,B.N. CRYSTAL LEACH, 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 D.B.N. CRYSTAL LEACH shall forthwith make application to the Sumogate's Court, County of Queens, to allocate and distribute the settlement proceeds; and it is further -3- ORDERED, that pursuant to EPTL 5-a.6@) (2), the sum of $27 5 ,436.99 shall be paid as follows: $245,000.00 on behalf of defendants, HOLLISWOOD CARE CENTER, INC. HOLLISWOOD CENTER FOR REHABILITATION AND HEALTHCARE, and HOLLIS OPERATING CO. LLC and $30,436.99 on behalf of defendant NEW YORK CITY HEALTH AND HOSPITALS CORPORATION ($25,000.00 settlement and $5,436.99 reduction in the MEDICAID/DEPARTMENT OF SOCIAL SERVICES LIEN) in accordance with CPLR $5003- A; and it is fuither ORDERED, that said release, hold harmless and stipulation of discontinuance shall be held in escrow by defense counsel pending fuIl receipt and collection of defendants' settlement obligation; and it is further 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 it is 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 it is further ORDERED, that pursuant to EPTL 5-a.6@)(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 attomey for the Administrator D.B.N., the LAW -4- FIRM OF D.F. TRUHOWSKY, shall hereby be permitted to withdraw and pay its herein approved attorneys' fees and reimbursable disbursements from said escrow account; and it is fuither ORDERED, that after payment from the escrow account of the Medicaid/Depafiment of Social Seruices lien, the Medicare lien, funeral expense reimbursement, attorneys' fee and the attorneys' 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 Surrogate's Cour1, Queens County determining the allocation and distribution of such funds, and it is fuither ORDERED, that pursuant to EPTL Section 5-4.6, the attomey for the Administrator D.B.N., the LAW FIRM OF D.F. TRUHOWSKY, shall continue to serve as attorney for the Estate until the entry of a frnal Decree in the Surrogate's Court allocating and distributing the settlement proceeds and it is further ORDERED, that the Administrator D.B.N. is authorized to discontinue with prejudice all claims against all defendants. ENTER J. S. C. -5- SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS --x CRYSTAL LEACH, as ADMINISTRATOR D.B.N. of the estate of ETHEL GENERETTE, DECEASED, Plaintiff, AF'FIDAVIT -against- Index #: 70177712014 HOLLSWOOD CARE CENTER, INC., HOLLISWOOD CENTER FOR REHABILITATION AND HEALTHCARE, HOLLIS OPERATING CO. LLC, NEW YORK CITY HEALTH AND HOSPITALS CORPORATION and QUEENS HOSPITAL CENTER, Defendants. -----------------x CRYSTAL LEACH, being duly sworn, deposes and says: t. I am the plaintifVAdministrator D.B.N. in the above referenced matter and I am fully familiar with the facts and circumstances set forth herein. 2. This application by my attomeys is made at my request and pursuant to EPTL Section 5-4.6 for approval of the total settlement sum of $27 5,436.99 on behalf of defendants, HOLLISWOOD CARE CENTER, INC. HOLLISWOOD CENTER FOR REHABILITATION AND HEALTHCARE, HOLLIS OPERATING CO. LLC, andNEW YORK CITY HEALTH AND HOSPITALS CORPORATION, approval of attorneys' fees and disbursements, and for an Order referring all issues concerning distribution and allocation of the settlement proceeds to the Surrogate's Court, County of Queens. 3. Sheldon Generette paid the funeral expenses for the decedent in the amount of $2,025.75, and he is seeking reimbursement for said payment. 4. I have been informed by my attomeys that EPTL Section 5-4.6 specifically authorizes the Supreme Court to approve of the total settlement sum, attorneys' fees and disbursements, and to order immediate payment of said settlement funds into plaintiffs counsel's interest bearing escrow account. Here, I respectfully request that the settlement sums be transferred to my attorney's interest bearing escrow account immediately. 5. Pursuant to EPTL Section 5-4.6, therefore, and consistent with its requirements, plaintiff respectfully requests that this Court: (a) Approve and compromise the total settlement sum in the amount of $275,436.99 ($245,000.00 on behalf of defendants, HOLLISWOOD CARE CENTER, INC. HOLLISWOOD CENTER FOR REHABILITATION AND HEALTHCARE, and HOLLIS OPERATING CO. LLC and $30,436.99 on behalf of defendant NEW YORK CITY HEALTH AND HOSPITALS CORPORATION ($25,000.00 settlement and $5,436.99 reduction in the MEDICAID/DEPARTMENT OF SOCIAL SERVICES LIEN); (b) Approve plaintiff s attofireys' fees and disbursements in the total amount of $102,800.85 (attorneys' fees in the amount of $84,781.35 and refurn of disbursements in the amount of $18,091.50) to the LAW FIRM OF D.F. TRUHOWSKy; (c) Approve payment to MEDICAID/DEPARTMENT OF SOCIAL SERVICES in the amount of $27,000.00, constituting full satisfaction of all claims of MEDICAID/DEPARTMENT OF SOCIAL SERVICES and as full settlement of any lien owed for services provided to ETHEL GENERETTE; (d) Approve payment to MEDICARE in the amount of $477.97, constituting full satisfaction of a1l claims of MEDICARE and as full settlement of any lien owed for benefits provided to ETHEL GENERETTE; (e) Approve payment of the total settlement sum of $275,436.99 ($245,000.00 on bEhAlf Of defendants, HOLLISWOOD CARE CENTER, fNC., HOLLISWOOD CENTER FOR REHABILITATION AND HEALTHCARE, and HOLLIS OPERATING CO. LLC and $30,436.99 on behalf of defendant NEW YORK CITY HEALTH AND HOSPITALS CORPORATION (25,000.00 settlement and $5,436.99 reduction in the MEDICAID/DEPARTMENT OF SOCIAL SERVICES LIEN); (f) Refer allocation and distribution of settlement proceeds to the Surrogate's Court pursuant to the Intestacy Statutes; (g) Pemit plaintiffls Counsel to pay its attorneys' fees and disbursements fi'om said escrow account upon proof of filing to this Court of a petition to compromise, to allocate and to distribute the settlement to the Surrogate's Court, County of Queens (EPTL 5-a.6@)(2); and (h) Direct plaintifls counsel to continue to serve as attomey for the Estate until a final Decree is entered in the Sun:ogate's Court. WHEREFORE, plaintiff respectfully requests that the Court approve the within settlement, order the payment of the $275,436.99 settlement as described above and order the other and fui'ther relief as is contained in the proposed Order.. YST LEACH e od^- Swom to before me this A O .day of W,,u NOTARY PUBLIC ,'ffi '"oirt?,JSiJ,['#Rff $J,*" ^ _ oua irit8',i 1 uommission h33.f"??L Expires Aprl€#b3, ; S*! z4 ?at g SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS -------x CRYSTAL LEACH as Administrator D.B.N. of the Estate of ETHEL GENERETTE, DECEASED, AFFIRMATION IN suPPoRT Plaintiff, -against-IndexNo.:70177712014 HOLLISWOOD CARE CENTER, INC., HOLLISWOOD CENTER FOR REHABILITATION AND HEALTHCARE HOLLIS OPERATING CO. LLC, NEW YORK CITY HEALTH AND HOSPITALS CORPORATION and QUEENS HOSPITAL CENTER, Defendants. -----------x Deborah F. Truhowsky, Esq., an attorney duly admitted to practice law before all the Courts of the State ofNew York, hereby affirms the following under the penalties of pe{ury. L I am a member of the LAW FIRM OF D.F. TRUHOWSKY, attorneys for plaintiff CRYSTAL LEACH as Administrator D.B.N. of the Estate of ETHEL GENERETTE, Deceased, and as such, I am fully familiar with all of the facts and circumstances as set forth herein. 2. Your affirmant represents the Estate of ETHEL GENERETTE and the Administrator D.B.N. of that Estate, CRYSTAL LEACH in the above-captioned action. CRYSTAL LEACH was appointed as Administrator D.B.N. of the Estate pursuant to Order of the Surrogates Court, State of New York, County of Queens, dated February 28,2014. A copy of the Letters issued is annexed hereto as Exhibit "A". 3. This application is being made at the request of the Administrator D.B.N. and pursuant to EPTL Section 5-4.6 for approval of the total settlement sum, attorneys' fees and disbursements, and for an Order referring all issues concerning distribution and allocation of the settlement proceeds to the Surrogate's Court, County of Queens. For ease of reference, the exhibits arc attached as follows: Exhibit 6'A" Letters of Administration Exhibit o'B" Retainer Agreement Exhibit 5sC" Transcript/Inquest confirming settlement on the record Exhibit "D" Disbursements Exhibit 66E" Funeral BiIl Exhibit 66F" Letters regarding Medicaid and Medicare liens 4. The injuries that resulted in the decedent's conscious pain and suffering and death were sustained during her admissions to HOLLISWOOD CENTER FOR REHABILITATION AND HEALTHCARE from on or about June 10, 2009 to October 17,2012 and QUEENS HOSPITAL CENTER during the period of October 17,2012 to November 23,2012. These facilities failed to follow andlor revise their own care plans and protocols in order to prevent injuries, and as a result, this lead to Ms. Generette's development and worsening of multiple pressure ulcers, and fracture of her left wrist at HOLLISWOOD CENTER FOR REHABILITATION AND HEALTHCARE. Plaintiffs decedent expired at New York Hospital Medical Centre of Queens on December 22,2012. 5. Plaintiff retained the Law Firm of D.F. Truhowsky to be her attorneys on November l, 2012, and Retainer #3686616 was issued by the Office of Court Administration. A copy of the Retainer agreement is annexed hereto as Exhibit "8". 6. The decedent's voluminous medical records were obtained and reviewed. Plaintiffs counsel thereafter consulted with several medical experts concerning the validity of Plaintiff s claim including a nurse consultant and geriatrician. A Notice of Claim was filed with NEW YORK CITY HEALTH AND HOSPITALS CORPORATION aNd QUEENS HOSPITAL CENTER and an Order to Show Cause was filed to amend the Notice of Claim after the initial Estate representative, Reather Turner died unexpectedly. A 50-h examination was conducted of Sheldon Generette, the decedent's son as well as CRYSTAL LEACH, the Plaintiff herein. After a thorough and comprehensive analysis, an action was instituted against defendants, HoLLISwooD CARE CENTER, fNC., HoLLISwooD CENTER FoR REHABILITATION AND HEALTHCARE, HOLLIS OPERATING CO. LLC, NEW YORK CITY HEALTH AND HOSPITALS CORPORATION and QUEENS HOSPITAL CENTER under Index Number 70177712014, alleging causes of action for negligence, violation of Public Health Law Section 2801-d, medical malpractice and wrongful death. 7. The Defendants answered the complaint denying the material allegations therein, and the case proceeded. 8. The matter proceeded through an extensive discovery process. A verified bill of particulars was served, and extensive correspondence was exchanged by and between counsels. Numerous discovery demands and responses to demands were gathered, received and responded to, in the context of this complex action. The Deposition of the plaintiff was held, and witnesses were also deposed on behalf of the Defendants following multiple consultations with plaintiff s expert witnesses. This office appeared at numerous Court appearances, a Note of Issue was filed and Expert Witness Responses were exchanged. We engaged in numerous settlement discussions with defense counsel and attended several Pre-Trial Conferences. We prepared the case for trial, and the case settled right before trialbefore the Honorable Allan B. Weiss in the amount of $275,436.99 ($245,000.00 on behalf of defendants, HOLLISWOOD CARE CENTER, INC. HOLLISWOOD CENTER FOR REHABILITATION AND HEALTHCARE, and HOLLN OPERATING CO. LLC and $30,436.99 on behalf of defendant NEW YORK CITY HEALTH AND HOSPITALS CORPORATION ($25,000.00 settlement and $5,436.99 reduction in the MEDICAID/DEPARTMENT OF SOCIAL SERVICES LIEN). 9. Annexed hereto as Exhibit'oC" is a copy of the transcript/inquest confirming the total settlement offer of $275,436.99. 10. The settlement offer was conveyed and the Administrator was advised of the benefits and risk associated with proceeding to trial. After careful consideration, the Administrator D.B.N. of decedent's estate decided to accept the defendants' settlement offer. 11. The settlement should be approved because the Plaintiff has to contend with defendants' allegations of decedent's underlying medical conditions and age. 12. The names and dates of birth of ETHEL GENERETTE's distributees who are left surviving are listed below: Distributee Relationship Date of Birth Current Age Sheldon Generette Son 21211962 54 13. Your affirmant and plaintiff believe the settlement is in the best interest of the Estate. Letters of Administration D.B.N. were issued appointing Crystal Leach as Administrator D.B.N. of the Estate on February 28, 2014. Given these circumstances, the Administrator CRYSTAL LEACH, felt a settlement was appropriate in the circumstances. At the time of the settlement, Administrator D.B.N. Crystal Leach, indicated her voluntary acceptance of the settlement and her understanding that legal fees and disbursements would be paid out of the settlement proceeds. Annexed hereto and incorporated herein by reference is the affidavit of Crystal Leach indicating the same. 14. At the time plaintiff s counsel was retained, the plaintiff executed the standard retainer, which provided for attorneys' fees as follows: 33 ll3o/o of all sums recovered for negligence and perso,.-r injury or, if Judiciary Law 474-a,-,nains in effect, for medical malpractice cases, only: 30% of the legal fee received against the first $250,000 of plaintiffs recovery; 25Yo of the legal fee received on the next $250,000 of plaintiffs recovery; 20%o of the legal fee received on the next $500,000 of plaintiffs recovery; l5o/oof the legal fee received on the next $250,000 of plaintiffs recovery; 10% of the legal fee received on any amount recovered for the plaintiff over $1,250,000. A copy of the retainer agreement is attached hereto as Exhibit ,,B',. 15. Plaintiff s counsel advanced disbursements in the prosecution of the claim in the total sum of $181019.50. A listing of the disbursements which have been incurred in the prosecution of the case is attached hereto as Exhibit ooD". Pursuant to said retainer agreement, the total legal fee against the settlement, after reduction for disbursements, is in the total amount of $84,781.35 (33.3% of the net recovery from the HOLLISWOOD defendants, i.e. $76,247.96 and 307o of the net recovery from NEW YORK CITY HEALTH AND HOSPITALS CORPORATION, i.e. $8,533.39). After deducting for disbursements and attomeys' fee, the net settlement for the benefit of the Estate and the distributees is in the amount of $172,636.14. 16. Decedent's funeral bill totaled 92,025.75, and was paid by Decedent's son, Sheldon Generette. He is seeking reimbursement for said bill. Annexed hereto as Exhibit 66E" is a copy of the paid funeral bil[. 17. Ms. Generette was a recipient of Medicare benefits. On October 28, 2016, Medicare issued a Conditional Payment letter reflecting benefits paid in the amount of $34,641.96. We requested a Final Demand letter, and Medicare issued a Final letter dated December 9,2016 reflecting a frnal lien in the amount of $477.97. Annexed hereto as Exhibit "F" is a copy of the final demand letter. 18. Ms. Generette was also a recipient of Medicaid benefits. On May 27,2076, Medicaid issued a letter reflecting they had a lien in the amount of $32,436.99. After extensive negotiations and as a term of the settlement on the record the Medicaid lien was reduced to $27,000.00. Annexed hereto as Exhibit'6F' is a copy of Medicaid's May 27,2016letter. 19. There are no medical bills or hospital bills outstanding, and there are no assignments, compensation claims or liens filed with Plaintiff as Administrator D.B.N., except as set forth herein, and the Medicaid/Department of Social Services and Medicare liens are being fully satisfied from the proceeds of this settlement. 20. Affirmant has not become interested in the within matter at the instance of the defendants, directly or indirectly and no compensation has been or will be received by deponent from defendants or their attorneys or representatives. Any compensation to be received by way of fees herein is to be paid out of the proceeds of the proposed settlement and not otherwise. 21. The LAW FIRM OF D.F. TRUHOWSKY does not represent any other person asserting a claim arising from this occulrence. 22. Your deponent caused a check of the records of this Court/County Clerk to be made for outstanding and/or non satisfied liens, claims, assignments, powers of attorney, and encumbrances and found none. Your deponent has been advised by the plaintiff that plaintiff does not know of any liens filed or recorded, and your deponent has inquired of the plaintiff and is satisfied that the only claims that have been filed with the Administrator D.B.N. are those shown in this affirmation. 23. A recent amendment to EPTL Section 5-4.6, enacted specifically to remedy losses occasioned by long delays in obtaining settlement approval by the Surrogate's Court, specifically authorizes the Supreme Court to approve of the total settlement sum, attomeys' fees and disbursements, and to order immediate payment of said settlement funds into plaintifls counsel's interest bearing escrow account. Here, plaintiff requests that the settlement sums be transferred to plaintiffs attorney's interest bearing escrow account immediately. For ease of calculation, it is respectfully requested that this Court: (a) Approve and compromise the total settlement sum in the amount of $275,436.99 ($245,000.00 on behalf of defendants, HOLLISWOOD CARE CENTER, INC., HOLLISWOOD CENTER FOR REHABILITATION AND HEALTHCARE, and HOLLIS OPERATING CO. LLC and $30,436.99 on behalf of defendant NEW YORK CITY HEALTH AND HOSPITALS CORPORATION ($25,000.00 settlement and $5,436.99 reduction in the MEDICAID/DEPARTMENT oF SOCIAL SERVICES LIEN); (b) Approve plaintiffs attorneys' fees and disbursements in the total amount of $1021800.85 (attorneys'fees in the amount of $84,781.35 and return of disbursements in the amount of $18,019.50) to the LAW FIRM OF D.F. TRUHOWSKY; (c) Approve payment to MEDICAID/DEPARTMENT OF SOCIAL SERVICES in the amount of $27,000.00, constituting full satisfaction of allclaims of MEDICAID/DEPARTMENT OF SOCIAL SERVICES and as tull settlement of any lien owed for services provided to ETHEL GENERETTE; (d) Approve payment to MEDICARE in the amount of $477.97, constitutine full satisfaction of all claims of Medicare and as fuIl settlement of any lien owed for benefits provided to ETHEL GENERETTE; (e) Approve reimbursement to Sheldon Generette for the decedent's funeral expenses in the amount of $2,025.75; (f) Approve payment of the total settlement sum of $275,436.99, ($245,000.00 on behalf of defendants, HoLLISwooD CARE CENTER, INC., HoLLISwooD CENTER FOR REHABILITATION AND HEALTHCARE, And HOLLIS OPERATING CO. LLC and $30,436.99 on behalf of defendant NEW YORK CITY HEALTH AND HOSPITALS CORPORATION ($25,000.00 settlement and $5,436.99 reduction in the MEDICAID/DEPARTMENT OF SOCIAL SERVICES LIEN) in accordance with CPLR $5003- A; (g) Refer allocation and distribution of settlement proceeds to the Surrogate's Court, Queens County pursuant to the Intestacy Statutes; (h) Permit plaintiffs Counsel to pay its attorneys' fees and disbursements from said escrow account upon proof of filing to this Court of a petition to compromise, to allocate and to distribute the settlement to the Surrogate's Court, County of Queens (EPTL 5-a.6@)(2); and (i) Direct plaintiff s counsel to continue to serve as attomey for the Estate until a final Decree is entered in the Surrogate's Court. 24. No prior application for the relief requested herein has been made to any Court or Judge. WHEREFORE, your affirmant respectfully requests that the Court approve the within settlement, order the payment of the $275,436.99 settlement as described above and order the other and further relief as is contained in the proposed Order attached herewith. Dated: New York, New York December Ag,2016 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS ---------x CRYSTAL LEACH, as Administrator D.B.N. of the Estate lndex #:70177712014 of ETHEL GENERETTE, Deceased, Plaintiff, -against- HOLLISWOOD CARE CENTER, INC., HOLLISWOOD CENTER FOR REHABILITATION AND HEALTHCARE, HOLLIS OPERATING CO., LLC, NEW YORK CITY HEALTH AND HOSPITAL CORPORATION and QUEENS HOSPITAL CENTER, Defendants. --------x ORDER FOR COMPROMISE PURSUANT TO EPTL 5-4.6 LAW FIRM OF D.F. TRUHOWSKY Attorneys atLaw 100 Park Avenue, 16tl'Floor NewYork,NewYork 10017 (2r2) 880-6496