Preview
FILED: ERIE COUNTY CLERK 03/22/2021 10:47 AM INDEX NO. 802379/2021
NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 03/22/2021
STATE OF NEW YORK
SUPREME COURT :: COUNTY OF ERIE
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Adrianne Vitale, as parent and guardian of
G.F., an Infant, AMENDED
PETITION
Petitioners,
vs. Index No.
Ronald J. Dogerty
d/b/a Eerie Productions,
Respondent.
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STATE OF NEW YORK )
COUNTY OF ERIE ) SS:
Alyson C. Culliton, being an attorney with the Law Offices of John Wallace, attorneys
for the respondent, Ronald J. Dogerty d/b/a Eerie Productions, affirms pursuant to the CPLR and
under the pains and penalties of perjury as follows:
1. That I am an attorney duly licensed to practice in the State of New York and am
fully familiar with the pleadings and proceedings herein.
2. That neither I, nor Ronald J. Dogerty d/b/a Eerie Productions, offer any opinion as
to the value of the proposed settlement in the aforementioned petition.
3. That upon information and belief, on September 21, 2019, G.F., was injured as a
patron of Frightworld.
4. That G.F. suffered injuries as described in the attached affidavit of Adrianne
Vitale, as parent and guardian of G.F., an Infant.
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FILED: ERIE COUNTY CLERK 03/22/2021 10:47 AM INDEX NO. 802379/2021
NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 03/22/2021
5. That at the time of this accident Ronald J. Dogerty d/b/a Eerie Productions had in
full force and effect a policy of liability insurance with Northfield Insurance Company which is
applicable to this accident.
6. That upon information and belief, petitioner, Adrianne Vitale, understands the
above to be true, as can be noted from the attached Petition and Affidavit.
7. That Northfield Insurance Company has made an offer of settlement that the
petitioners have accepted after discussing with their counsel, whereby Northfield Insurance
Company has agreed to pay $60,000.00 as follows:
a. $20,000.00 payment to Steiner & Blotnik, P.C. as attorney for Adriane Vitale,
parent and guardian of G.F., an infant;
b. $40,000.00 payment to Pacific Life & Annuity Services, Inc. to fund a structured
settlement annuity that will provide future periodic payments to G.F. (Payee),
whose date of birth is , as follows:
$5,000.00 guaranteed lump sum payment on 1/20/2024;
$10,000.00 guaranteed lump sum payment on 1/20/2027; and
$30,073.27 guaranteed lump sum payment on 1/20/2031.
The total cost to fund the periodic payments referenced above is $40,000.00,
the disclosure of which is required pursuant to New York General
Obligations Law Section 5-1702. No costs may be deducted from any of the
Periodic Payments; any transfer of the Periodic Payments is prohibited by
the terms of the structured settlement and may otherwise be prohibited or
restricted under applicable law; Petitioner has been advised to obtain or has
obtained independent professional advice relating to the legal, tax, financial
or other (favorable or adverse) consequences of any kind arising out of the
settlement; the Respondent and the Respondent’s legal representatives may
not refer any advisor, attorney or firm for such purpose; and the Petitioner
is not relying on the advice of the Respondent or anyone associated with
them, including their attorneys for such purpose.
Any payments to be made after the death of G.F. shall be made to the Estate of G.F.
or to such person or entity as shall be designated in writing by G.F., upon reaching
the age of majority.
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FILED: ERIE COUNTY CLERK 03/22/2021 10:47 AM INDEX NO. 802379/2021
NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 03/22/2021
The obligation to make the periodic payments described herein will be assigned
under the meaning of IRC Sec. 130, to Pacific Life & Annuity Services, Inc. (the
“Assignee”) and funded by an annuity contract issued by Pacific Life & Annuity
Company (the “Annuity Issuer”).
8. That I was not involved in the settlement negotiations between the petitioner and
Northfield Insurance Company and I did not, in any way, attempt to influence the decision of the
petitioner to accept this settlement offer, nor do I have any interest in this matter.
9. That upon information and belief, there exist no further claims for damages arising
out of this accident.
10. I am aware of no previous application for settlement of this claim by petitioner or
any other person on behalf of infant G.F. The petitioner is aware that no further application may
be made by her or the infant plaintiff for any additional monies against Ronald J. Dogerty d/b/a
Eerie Productions or Northfield Insurance Company.
11. Find attached a copy of the proposed General Release, marked as Exhibit D.
WHEREFORE, I respectfully request that the Court approve the proposed infant settlement
of $60,000.00 and that the Court issue an Order approving the settlement and authorizing the
petitioner to settle the claim of the infant plaintiff, G.F., and to release Ronald J. Dogerty d/b/a
Eerie Productions from any further liability to the infant, and granting such further relief as the
court may deem just and proper.
DATED: March 22, 2021
Buffalo, New York
__________________________________
Alyson C. Culliton
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Preview
FILED: ERIE COUNTY CLERK 03/22/2021 10:47 AM INDEX NO. 802379/2021 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 03/22/2021 STATE OF NEW YORK SUPREME COURT :: COUNTY OF ERIE ------------------------------------------------------------ Adrianne Vitale, as parent and guardian of G.F., an Infant, AMENDED PETITION Petitioners, vs. Index No. Ronald J. Dogerty d/b/a Eerie Productions, Respondent. ------------------------------------------------------------ STATE OF NEW YORK ) COUNTY OF ERIE ) SS: Alyson C. Culliton, being an attorney with the Law Offices of John Wallace, attorneys for the respondent, Ronald J. Dogerty d/b/a Eerie Productions, affirms pursuant to the CPLR and under the pains and penalties of perjury as follows: 1. That I am an attorney duly licensed to practice in the State of New York and am fully familiar with the pleadings and proceedings herein. 2. That neither I, nor Ronald J. Dogerty d/b/a Eerie Productions, offer any opinion as to the value of the proposed settlement in the aforementioned petition. 3. That upon information and belief, on September 21, 2019, G.F., was injured as a patron of Frightworld. 4. That G.F. suffered injuries as described in the attached affidavit of Adrianne Vitale, as parent and guardian of G.F., an Infant. 1 of 3 FILED: ERIE COUNTY CLERK 03/22/2021 10:47 AM INDEX NO. 802379/2021 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 03/22/2021 5. That at the time of this accident Ronald J. Dogerty d/b/a Eerie Productions had in full force and effect a policy of liability insurance with Northfield Insurance Company which is applicable to this accident. 6. That upon information and belief, petitioner, Adrianne Vitale, understands the above to be true, as can be noted from the attached Petition and Affidavit. 7. That Northfield Insurance Company has made an offer of settlement that the petitioners have accepted after discussing with their counsel, whereby Northfield Insurance Company has agreed to pay $60,000.00 as follows: a. $20,000.00 payment to Steiner & Blotnik, P.C. as attorney for Adriane Vitale, parent and guardian of G.F., an infant; b. $40,000.00 payment to Pacific Life & Annuity Services, Inc. to fund a structured settlement annuity that will provide future periodic payments to G.F. (Payee), whose date of birth is , as follows: $5,000.00 guaranteed lump sum payment on 1/20/2024; $10,000.00 guaranteed lump sum payment on 1/20/2027; and $30,073.27 guaranteed lump sum payment on 1/20/2031. The total cost to fund the periodic payments referenced above is $40,000.00, the disclosure of which is required pursuant to New York General Obligations Law Section 5-1702. No costs may be deducted from any of the Periodic Payments; any transfer of the Periodic Payments is prohibited by the terms of the structured settlement and may otherwise be prohibited or restricted under applicable law; Petitioner has been advised to obtain or has obtained independent professional advice relating to the legal, tax, financial or other (favorable or adverse) consequences of any kind arising out of the settlement; the Respondent and the Respondent’s legal representatives may not refer any advisor, attorney or firm for such purpose; and the Petitioner is not relying on the advice of the Respondent or anyone associated with them, including their attorneys for such purpose. Any payments to be made after the death of G.F. shall be made to the Estate of G.F. or to such person or entity as shall be designated in writing by G.F., upon reaching the age of majority. 2 of 3 FILED: ERIE COUNTY CLERK 03/22/2021 10:47 AM INDEX NO. 802379/2021 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 03/22/2021 The obligation to make the periodic payments described herein will be assigned under the meaning of IRC Sec. 130, to Pacific Life & Annuity Services, Inc. (the “Assignee”) and funded by an annuity contract issued by Pacific Life & Annuity Company (the “Annuity Issuer”). 8. That I was not involved in the settlement negotiations between the petitioner and Northfield Insurance Company and I did not, in any way, attempt to influence the decision of the petitioner to accept this settlement offer, nor do I have any interest in this matter. 9. That upon information and belief, there exist no further claims for damages arising out of this accident. 10. I am aware of no previous application for settlement of this claim by petitioner or any other person on behalf of infant G.F. The petitioner is aware that no further application may be made by her or the infant plaintiff for any additional monies against Ronald J. Dogerty d/b/a Eerie Productions or Northfield Insurance Company. 11. Find attached a copy of the proposed General Release, marked as Exhibit D. WHEREFORE, I respectfully request that the Court approve the proposed infant settlement of $60,000.00 and that the Court issue an Order approving the settlement and authorizing the petitioner to settle the claim of the infant plaintiff, G.F., and to release Ronald J. Dogerty d/b/a Eerie Productions from any further liability to the infant, and granting such further relief as the court may deem just and proper. DATED: March 22, 2021 Buffalo, New York __________________________________ Alyson C. Culliton 3 of 3