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FILED: WESTCHESTER COUNTY CLERK 11/13/2020 03:47 PM INDEX NO. 52692/2017
NYSCEF DOC. NO. 78 RECEIVED NYSCEF: 11/09/2020
At a Part of the Supreme Court of the State
of New York, held in and for the County of
Westchester at the 111 Dr. Martin Luther
King Blvd., Westchester, NY 10601 on the
9th day of November, 2020
PRESENT: Hon. JOAN B. LEFKOWITZ
Justice of the Supreme Court.
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF WESTCHESTER
------------------------------------------------------------------------X
MARILYN PEAK, as ADMINISTRATRIX CTA OF THE
ESTATE OF PRENTICE JACOBS,
Index No.: 52692/2017
Plaintiff(s),
-against- WRONGFUL DEATH
COMPROMISE ORDER
PARKVIEW OPERATING CO., LLC d/b/a
WESTCHESTER CENTER FOR REHABILITATION
AND NURSING, and MONTEFIORE MOUNT VERNON
HOSPITAL,
Defendant(s).
-----------------------------------------------------------------------X
Upon reading and filing the affidavit of plaintiff, MARILYN PEAK, as
ADMINISTRATRIX CTA OF THE ESTATE OF PRENTICE JACOBS, and as fiduciary of his
estate, in the within proceeding, sworn to the 3rd day of August, 2020; and the affirmation dated
the 19th day of August, 2020 of plaintiff’s attorney, Thomas L. Gallivan, Esq.; the
correspondence from the Westchester County Department of Law (on behalf of its Department
of Social Services) dated May 27, 2020, indicating that the Department of Social Services of
Westchester County have no objection to the settlement of the within action; the letter of the
Centers for Medicare and Medicaid Services dated June 5, 2020, identifying a Medicare lien and
indicating no objection to the settlement of the within action upon satisfaction of the lien; and
upon all pleadings and proceedings heretofore had herein;
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NYSCEF DOC. NO. 78 RECEIVED NYSCEF: 11/09/2020
AND it appearing that plaintiff-administratrix seeks approval of this court to accept the
proposed settlement of all claims as against defendant PARKVIEW OPERATING CO., LLC
d/b/a WESTCHESTER CENTER FOR REHABILITATION AND NURSING for the sum of
$105,000.00; and it appearing that the plaintiff-administratrix seeks approval of this court to
accept the proposed settlement of all claims as against MONTEFIORE MOUNT VERNON
HOSPITAL for the sum of $70,000.00;
AND to approve and fix the amount of the attorney’s fees together with disbursements
and expenses; and to transfer the issues of allocation and distribution of the balance of the
settlement funds to the Surrogate’s Court of Westchester County;
AND itappearing further that plaintiff seeks to discontinue all the remaining causes of
action;
AND it appearing further that the application for acceptance and approval by the court of
the proposed settlement of the within claims having come on regularly to be heard;
AND it appearing that MARILYN PEAK, as ADMINISTRATRIX CTA OF THE
ESTATE OF PRENTICE JACOBS, as fiduciary, is empowered and authorized to settle all
causes of action asserted on behalf of decedent;
AND it appearing further that the Department of Social Services for the County of
Westchester and the Centers for Medicare & Medicaid Services will not object to the settlement
of this action subject to the terms and conditions herein;
NOW, upon motion of Thomas L. Gallivan, Esq. of Gallivan & Gallivan, Attorneys at
Law, attorney for plaintiff-administratrix, herein, it is
ORDERED that the administratrix be authorized and empowered to compromise and
settle certain claims for the negligence and violations of the New York Public Health Law and
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wrongful death of the decedent, PRENTICE JACOBS, as against Defendants in the proposed
total sum of $175,000.00 (to be paid as follows: PARKVIEW OPERATING CO., LLC d/b/a
WESTCHESTER CENTER FOR REHABILITATION AND NURSING - $105,000.00, and
MONTEFIORE MOUNT VERNON HOSPITAL - $70,000.00), and, upon payment of the
settlement, discontinue any and all claims against the Defendants; and it is further
ORDERED that, MARILYN PEAK, as ADMINISTRATRIX CTA OF THE ESTATE
OF PRENTICE JACOBS, deceased, and as fiduciary of his estate, is authorized, empowered and
permitted to execute and deliver general releases, stipulations of discontinuances and any and all
other documents necessary to effectuate the settlement herein; and it is further
ORDERED that pursuant to the provision of the Letters of Administration heretofore
issued by the Westchester County Surrogate’s Court (Sall, J.) to plaintiff-administratrix, the
fiduciary of the estate of Prentice Jacobs a/ka/ Prentice Jacobs, Sr. a/k/a Prentice L. Jacobs on
March 30, 2017, the plaintiff-administratrix is permitted to enter into said compromise; and it is
further
ORDERED that the Court approves and fixes the amount of the attorney's legal fee in this
action in the amount of $56,025.18, together with disbursements and expenses in the sum of
$6,907.65, for a total of $62,932.83; and it is further
ORDERED that Defendant PARKVIEW OPERATING CO., LLC d/b/a
WESTCHESTER CENTER FOR REHABILITATION AND NURSING or its insurance carrier
shall pay to “Gallivan & Gallivan, Attorneys at Law and MARILYN PEAK, as
ADMINISTRATRIX CTA OF THE ESTATE OF PRENTICE JACOBS” the sum of
$105,000.00 within 45 days of receipt of this signed Order, and the executed full, final and
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complete Release, Hold Harmless, Stipulation of Discontinuance and any and all other papers
necessary to effectuate said settlement; and it is further
ORDERED that Defendant MONTEFIORE MOUNT VERNON HOSPITAL or its
insurance carrier shall pay to “Gallivan & Gallivan, Attorneys at Law and MARILYN PEAK, as
ADMINISTRATRIX CTA OF THE ESTATE OF PRENTICE JACOBS” the sum of $70,000
within 60 days after receipt of this signed Order and the executed full, final and complete
Release, Hold Harmless, Stipulation of Discontinuance and any and all other papers necessary to
effectuate the settlement as per the parties’ agreement; and it is further
ORDERED that the foregoing settlement proceeds shall be held in an interest-bearing
escrow account pending compliance with the further provision of this order; and it is further
ORDERED that upon payment of all sums necessary under the terms of this Order, the
rights and responsibilities and obligations of the defendants and their insurance carriers are
totally extinguished and satisfied; and it is further
ORDERED that from the settlement proceeds held in the escrow account, Medicare &
Medicaid Services (CMS) shall be paid the sum of $7,617.75 in full satisfaction of its lien for
medical benefits provided to Prentice Jacobs, deceased; and it is further
ORDERED that attorneys for plaintiff-fiduciary shall file a petition in the Westchester
County Surrogate Court for allocation and distribution of the settlement funds; and it is further
ORDERED that the firm of GALLIVAN & GALLIVAN, ATTORNEYS AT LAW shall
continue to represent MARILYN PEAK, plaintiff-fiduciary of the estate of PRENTICE
JACOBS, deceased, until the signing and entry of the decree in the proceeding for the allocation
and distribution of the net settlement proceeds in this action by the Surrogate of Westchester
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NYSCEF DOC. NO. 78 RECEIVED NYSCEF: 11/09/2020
County, State of New York without charge to decedent’s estate for additional legal fees; and it is
further
ORDERED that this matter is referred to the Surrogate’s Court of Westchester County,
State of New York for allocation and distribution of the net settlement proceeds of PRENTICE
JACOBS, deceased; and it is further
ORDERED that plaintiff’s attorneys, Gallivan & Gallivan, Attorneys at Law, are
authorized to withdraw the sum of $62,932.83 from said escrow account for disbursements and
legal services rendered in connection with the matter herein, upon filing of proof with this court
demonstrating that a petition has been filed in the Surrogate’s Court of Westchester County for
the allocation and distribution of the net settlement proceeds in this action; and it is further
ORDERED that counsel for plaintiff-fiduciary shall file a copy of the decree of the
Surrogate’s Court with respect to the allocation and distribution of the net settlement proceeds
with this Court via NYSCEF within 10 days of entry of said decree; and it is further
ORDERED that counsel for plaintiff will hold the balance of the settlement proceeds in
an interest-bearing escrow account pending compliance with the further provisions of this order;
and it is further
ORDERED that the balance of the settlement proceeds, to wit: $104,449.42, plus any
interest earned in same escrow account, shall be distributed in accordance with the directives of a
Decree by the Westchester County Surrogate Court, when granted; and it is further
ORDERED that, the filing of a bond is dispensed with.
Digitally signed by Joan B. Lefkowitz
DN: CN=Joan B. Lefkowitz, E=jlefkowi@nycourts.gov
Joan B. Lefkowitz Reason: I am the author of this document
Date: 2020-11-09 14:18:19
________________________________
Foxit PhantomPDF Version: 9.7.2
HON. JOAN B. LEFKOWITZ
Justice of the Supreme Court
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FILED: WESTCHESTER COUNTY CLERK 11/13/2020 03:47 PM INDEX NO. 52692/2017 NYSCEF DOC. NO. 78 RECEIVED NYSCEF: 11/09/2020 At a Part of the Supreme Court of the State of New York, held in and for the County of Westchester at the 111 Dr. Martin Luther King Blvd., Westchester, NY 10601 on the 9th day of November, 2020 PRESENT: Hon. JOAN B. LEFKOWITZ Justice of the Supreme Court. SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF WESTCHESTER ------------------------------------------------------------------------X MARILYN PEAK, as ADMINISTRATRIX CTA OF THE ESTATE OF PRENTICE JACOBS, Index No.: 52692/2017 Plaintiff(s), -against- WRONGFUL DEATH COMPROMISE ORDER PARKVIEW OPERATING CO., LLC d/b/a WESTCHESTER CENTER FOR REHABILITATION AND NURSING, and MONTEFIORE MOUNT VERNON HOSPITAL, Defendant(s). -----------------------------------------------------------------------X Upon reading and filing the affidavit of plaintiff, MARILYN PEAK, as ADMINISTRATRIX CTA OF THE ESTATE OF PRENTICE JACOBS, and as fiduciary of his estate, in the within proceeding, sworn to the 3rd day of August, 2020; and the affirmation dated the 19th day of August, 2020 of plaintiff’s attorney, Thomas L. Gallivan, Esq.; the correspondence from the Westchester County Department of Law (on behalf of its Department of Social Services) dated May 27, 2020, indicating that the Department of Social Services of Westchester County have no objection to the settlement of the within action; the letter of the Centers for Medicare and Medicaid Services dated June 5, 2020, identifying a Medicare lien and indicating no objection to the settlement of the within action upon satisfaction of the lien; and upon all pleadings and proceedings heretofore had herein; 1 of 5 FILED: WESTCHESTER COUNTY CLERK 11/13/2020 03:47 PM INDEX NO. 52692/2017 NYSCEF DOC. NO. 78 RECEIVED NYSCEF: 11/09/2020 AND it appearing that plaintiff-administratrix seeks approval of this court to accept the proposed settlement of all claims as against defendant PARKVIEW OPERATING CO., LLC d/b/a WESTCHESTER CENTER FOR REHABILITATION AND NURSING for the sum of $105,000.00; and it appearing that the plaintiff-administratrix seeks approval of this court to accept the proposed settlement of all claims as against MONTEFIORE MOUNT VERNON HOSPITAL for the sum of $70,000.00; AND to approve and fix the amount of the attorney’s fees together with disbursements and expenses; and to transfer the issues of allocation and distribution of the balance of the settlement funds to the Surrogate’s Court of Westchester County; AND itappearing further that plaintiff seeks to discontinue all the remaining causes of action; AND it appearing further that the application for acceptance and approval by the court of the proposed settlement of the within claims having come on regularly to be heard; AND it appearing that MARILYN PEAK, as ADMINISTRATRIX CTA OF THE ESTATE OF PRENTICE JACOBS, as fiduciary, is empowered and authorized to settle all causes of action asserted on behalf of decedent; AND it appearing further that the Department of Social Services for the County of Westchester and the Centers for Medicare & Medicaid Services will not object to the settlement of this action subject to the terms and conditions herein; NOW, upon motion of Thomas L. Gallivan, Esq. of Gallivan & Gallivan, Attorneys at Law, attorney for plaintiff-administratrix, herein, it is ORDERED that the administratrix be authorized and empowered to compromise and settle certain claims for the negligence and violations of the New York Public Health Law and 2 of 5 FILED: WESTCHESTER COUNTY CLERK 11/13/2020 03:47 PM INDEX NO. 52692/2017 NYSCEF DOC. NO. 78 RECEIVED NYSCEF: 11/09/2020 wrongful death of the decedent, PRENTICE JACOBS, as against Defendants in the proposed total sum of $175,000.00 (to be paid as follows: PARKVIEW OPERATING CO., LLC d/b/a WESTCHESTER CENTER FOR REHABILITATION AND NURSING - $105,000.00, and MONTEFIORE MOUNT VERNON HOSPITAL - $70,000.00), and, upon payment of the settlement, discontinue any and all claims against the Defendants; and it is further ORDERED that, MARILYN PEAK, as ADMINISTRATRIX CTA OF THE ESTATE OF PRENTICE JACOBS, deceased, and as fiduciary of his estate, is authorized, empowered and permitted to execute and deliver general releases, stipulations of discontinuances and any and all other documents necessary to effectuate the settlement herein; and it is further ORDERED that pursuant to the provision of the Letters of Administration heretofore issued by the Westchester County Surrogate’s Court (Sall, J.) to plaintiff-administratrix, the fiduciary of the estate of Prentice Jacobs a/ka/ Prentice Jacobs, Sr. a/k/a Prentice L. Jacobs on March 30, 2017, the plaintiff-administratrix is permitted to enter into said compromise; and it is further ORDERED that the Court approves and fixes the amount of the attorney's legal fee in this action in the amount of $56,025.18, together with disbursements and expenses in the sum of $6,907.65, for a total of $62,932.83; and it is further ORDERED that Defendant PARKVIEW OPERATING CO., LLC d/b/a WESTCHESTER CENTER FOR REHABILITATION AND NURSING or its insurance carrier shall pay to “Gallivan & Gallivan, Attorneys at Law and MARILYN PEAK, as ADMINISTRATRIX CTA OF THE ESTATE OF PRENTICE JACOBS” the sum of $105,000.00 within 45 days of receipt of this signed Order, and the executed full, final and 3 of 5 FILED: WESTCHESTER COUNTY CLERK 11/13/2020 03:47 PM INDEX NO. 52692/2017 NYSCEF DOC. NO. 78 RECEIVED NYSCEF: 11/09/2020 complete Release, Hold Harmless, Stipulation of Discontinuance and any and all other papers necessary to effectuate said settlement; and it is further ORDERED that Defendant MONTEFIORE MOUNT VERNON HOSPITAL or its insurance carrier shall pay to “Gallivan & Gallivan, Attorneys at Law and MARILYN PEAK, as ADMINISTRATRIX CTA OF THE ESTATE OF PRENTICE JACOBS” the sum of $70,000 within 60 days after receipt of this signed Order and the executed full, final and complete Release, Hold Harmless, Stipulation of Discontinuance and any and all other papers necessary to effectuate the settlement as per the parties’ agreement; and it is further ORDERED that the foregoing settlement proceeds shall be held in an interest-bearing escrow account pending compliance with the further provision of this order; and it is further ORDERED that upon payment of all sums necessary under the terms of this Order, the rights and responsibilities and obligations of the defendants and their insurance carriers are totally extinguished and satisfied; and it is further ORDERED that from the settlement proceeds held in the escrow account, Medicare & Medicaid Services (CMS) shall be paid the sum of $7,617.75 in full satisfaction of its lien for medical benefits provided to Prentice Jacobs, deceased; and it is further ORDERED that attorneys for plaintiff-fiduciary shall file a petition in the Westchester County Surrogate Court for allocation and distribution of the settlement funds; and it is further ORDERED that the firm of GALLIVAN & GALLIVAN, ATTORNEYS AT LAW shall continue to represent MARILYN PEAK, plaintiff-fiduciary of the estate of PRENTICE JACOBS, deceased, until the signing and entry of the decree in the proceeding for the allocation and distribution of the net settlement proceeds in this action by the Surrogate of Westchester 4 of 5 FILED: WESTCHESTER COUNTY CLERK 11/13/2020 03:47 PM INDEX NO. 52692/2017 NYSCEF DOC. NO. 78 RECEIVED NYSCEF: 11/09/2020 County, State of New York without charge to decedent’s estate for additional legal fees; and it is further ORDERED that this matter is referred to the Surrogate’s Court of Westchester County, State of New York for allocation and distribution of the net settlement proceeds of PRENTICE JACOBS, deceased; and it is further ORDERED that plaintiff’s attorneys, Gallivan & Gallivan, Attorneys at Law, are authorized to withdraw the sum of $62,932.83 from said escrow account for disbursements and legal services rendered in connection with the matter herein, upon filing of proof with this court demonstrating that a petition has been filed in the Surrogate’s Court of Westchester County for the allocation and distribution of the net settlement proceeds in this action; and it is further ORDERED that counsel for plaintiff-fiduciary shall file a copy of the decree of the Surrogate’s Court with respect to the allocation and distribution of the net settlement proceeds with this Court via NYSCEF within 10 days of entry of said decree; and it is further ORDERED that counsel for plaintiff will hold the balance of the settlement proceeds in an interest-bearing escrow account pending compliance with the further provisions of this order; and it is further ORDERED that the balance of the settlement proceeds, to wit: $104,449.42, plus any interest earned in same escrow account, shall be distributed in accordance with the directives of a Decree by the Westchester County Surrogate Court, when granted; and it is further ORDERED that, the filing of a bond is dispensed with. Digitally signed by Joan B. Lefkowitz DN: CN=Joan B. Lefkowitz, E=jlefkowi@nycourts.gov Joan B. Lefkowitz Reason: I am the author of this document Date: 2020-11-09 14:18:19 ________________________________ Foxit PhantomPDF Version: 9.7.2 HON. JOAN B. LEFKOWITZ Justice of the Supreme Court 5 of 5