throbber
FILED: BRONX COUNTY CLERK 08/21/2017 04:25 PM
`F I LED : BRONX
`COUNTY CLERK 08E2017 04:25 PM
`
`NYSC3F DOC. NO.
`6
`NYSCEF DOC. NO. 6
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`IND
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`EX NO.
`27838/20173
`INDEX NO. 27838/2017E
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` VYSCEF:
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` 4|IV-v E
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`RECEIVED NYSCEF: 08/21/2017
`08/21/2017
`
`EXHIBIT C
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`

`

`FILED: BRONX COUNTY CLERK 08/21/2017 04:25 PM
`FILED: BRONX COUNTY CLERK 08m2017 04:25 PM
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`NYSCEF DOC. NO.
`6
`NYSCEF DOC. NO. 6
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`INDEX NO. 27838/2017E
`INDEX NO~ 27838/20173
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`RnCnIVnD VYSCEF: 08/21/2017
`RECEIVED NYSCEF: 08/21/2017
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`
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`FILED Auéba 3014‘ Bronx County “x.
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`{K
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`
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`LUIS MOLINA,
`
`Plaintiff,
`
`against-
`
`NEW YORK CiTY TRANSIT AUTHQRITY
`
`‘
`
`__
`
`Ipdex N9; 3037343009
`
`The above entitled action having duly come on for a trial bafore the HONORABLE
`
`
`
`
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`I
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`WALLACE D. GOSSET-T, ESQ.
`
`ROBERT E. TORRES, ajustice ofthjs court, and a jury at a TRIAL TERM Par: 29 hereof
`
`beginning on the 20th day 9f Octcber, 201 I and finding on the 27th day of'October, 201 i, and
`the plaintiff, LUIS MOLl-NA hair-ingrappgzarcd by his attorney BfiRNs swam-s by'SETH
`
`HARRIS, ESQ, and the defendant NEW YORK CITY 'rRANs‘iT AUTHORITY having
`
`appéared by SMITH a: LAQUERCIA by THOMAS LAOUERI‘CA , trial counsel to
`
`returned a verdict on the 27th day of OCTQB ER, 201 1, finding in favor of the plaintiff, LUIS
`
`MOLINA and against the defendant NEW YORK CITY TRANSIT AUTHORITY, and the
`
` , after. due de‘libaration, having
`
`

`

`FILED: BRONX COUNTY CLERK 08/21/2017 04:25 PM
`FILED: BRONX COUNTY CLERK 08m2017 04:25 PM
`
`NYSCEF DOC. NO.
`6
`,
`NYSCEF DOC. NO. 6
`
`
`INDEX NO. 27838/2017E
`7
`INDEX NO~ 27838/20173
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`
`
`RnCnIVnD VYSCEF: 08/21/2017
`RECEIVED NYSCEF: 08/21/2017
`
`EELED A0408 2014 Bronx Qounty :
`
`:k
`
`ill-'0’ havmg aWerdcd damages as follfiws;
`
`I
`
`ligase Dam 7‘
`
`
`Péififihd sflffeiIr-iog:
`Lostmcome
`
`7
`
`$ ”$000,000.66
`é 0006,006100:
`
`. Medical expense:
`
`EB
`
`10,000-00
`
`Future Damages
`
`Pain and suffering:
`
`5041(3)]
`
`1,300,000.00 over 27 years
`I 0
`[reduced to 10 years by CPLR
`'
`
`Lost income:
`
`'M'e‘die—al expense:
`
`$
`
`550,000.00 over ll years
`
`'
`
`
`$
`'
`50 000.00 over 2"years
`
`Total AWard
`
`$
`
`2,610,000.00
`
`AND the Court having entered judgment on July 25, 2012.
`
`AND in a decision dated March 4, 2014, the Appellate Division, First Department,
`
`having reduced the award for future pain 81 suffering from $1,300,000.00 to $800,000.00,
`
`AND the applicable interest rate to be 3% on the judgment and the discount rates used
`
`to deiermjne the presenl'value of {he future damages are to be 0.31% for the two year award and
`
`
`
`

`

`FILED: BRONX COUNTY CLERK 08/21/2017 04:25 PM
`FILED: BRONX COUNTY CLERK 08m2017 04:25 PM
`
`NYSCEF DOC. NO.
`6
`NYSCEF DOC. NO. 6
`
`
`INDEX NO. 27838/2017E
`INDEX NO~ 27838/20173
`
`
`
`
`
`RnCnIVnD NYSCEF: 08/21/2017
`RECEIVED NYSCEF: 08/21/2017
`
`
`
`FILED AU? §2014 Bronx Qounty.
`
`1k
`
`
`
`NOW on motion of SETH H R18, ESQ attorney or piamttff LUiS M LINA, it
`
`
`ORDERED AND ADJUDGED that piatnttff LUIS MOLINA ros1ding at 1683'
`
`Lafayette Aventie, Bronx, N'e'w York recover at'l'c'l have: jud
`_
`gains't' th'e
`onci'an‘t NE'W'
`
`
`
`YORK CITY TRANSIT AUTHORITY located at 130 Livingston St, Brooklyn, New York
`
`11201 the iump sum of SIX HUNDRED THIRTY SIX THOUSAND FIVE HUNDRED
`
`EIGHTY NINE DOLLARS AND FIFTY FIVE CENTS 15631115831735)
`
`reoréééntm 1'11
`Imp
`'éWarde’d' to13131i to: past damages in the amount of
`
`
`$470,811.02 and plaintiffs share of the first $250,000 of future damages paid in cash in the
`
`amount of $165,778.53. A11 amount?! are afier deduction of atmrney’s'f‘ees and litigation
`
`expenses. Interest shalt accrue on said amount of $636,589.55 from the date of verdict, October
`
`27, 201 1 to the entry ofjudgment on July 25, 2012 for 273 days totaling $14,482.41, costs and
`
`disbursements as taxed by the Clerk in that: sum of $1,420.00 making a total of $652,491 .96, and
`
`_ have execution therefore,
`
`[T {S FURTHER ORDERED AND ADJUDGED, that the plaintiff LUIS MOLINA,
`
`recover
`
`and have judgment against
`
`the defendant NEW YORK CITY TRANSIT
`
`AUTHORITY the sum of SEVEN HUNBRED TWENTY Two THOUSAND EIGHT
`
`
`
`interest from the date of October 27, 2011 to the entry of judgmont on July 25, 2012 for 273
`
`

`

`
`
`damagesafierdeducfien xifiifwffiéfi?1’6???‘fi'fiindéilit-iigati'gn
`
`'~13“flaws-firqugfgmverfiififéfifis 11111111113
`
`FILED: BRONX COUNTY CLERK 08/21/2017 04:25 PM
`FILED: BRONX COUNTY CLERK 08m2017 04:25 PM
`
`NYSCEF DOC. NO.
`6
`NYSCEF DOC. NO. 6
`
`
`INDEX NO. 27838/2017E
`INDEX NO~ 27838/20173
`
`
`
`
`
`RnCnIVnD VYSCEF: 08/21/2017
`RECEIVED NYSCEF: 08/21/2017
`
`FlleD Au“ .3 2014 Bronx Countyfi
`
`
`.11
`
`
`
`"3311515 t0ta11ng$167036 1151 11111111 111111111 df'ififi'fl'ifSEJ'HZ, 11
`
`have. execundfi-thzetéigfifég
`
`ONE CENTS. ($fififiéfififiifilfiérfifiififififitifigx
`
`11* IS FURTHER ORDERED AND ADJUDGED that based on the above award 11 *
`
`the amount of EIGHT HUNDRED NINE THQUSAND EIGHTY SIX DOLLARS AND
`
`filaimifiqfix Of}; an i=5 mu“! gently; ;..by:_ tan :insfiranée.-=L earner,:fiesigiiaiéd*"’a'S---?5‘-q}tia1ifiexd11153.1":flié'
`
`
`fifthefollowing nualpaym
`
`advancp =asxxxfol'lb
`
`
`
`equalmfinthlymstaflmenfim
`
`__
`
`(a)
`
`For
`
`future pain and suffjcring — FORTY THREE THOUSAND FIVE
`
`' HUNDRED SEVENTY 31x DOLLARS AND EIGHT CENTS ($43,516.03)
`
`'
`
`
`
`
`
`
`
`
` 1111111111- ' 01111 ad
`
`
`
`
`
`
`
`
`
`
`per 2111'an in equal anthly installments, payable ‘6' Advance, and comméncing i
`
`
`
`
`~~re$§§éfi§§€woffictabér-fi;%¥l~.
` fixe—afixo xx‘fiof'THREB—mmfi
`
`51x HUNDRED THIRTY ONE DOLLARS AND 11111111 901111 CENTS
`:'>
`
`

`

`FILED: BRONX COUNTY CLERK 08/21/2017 04:25 PM
`FILED: BRONX COUNTY CLERK 08m2017 04:25 PM
`
`NYSCEF DOC. NO.
`6
`NYSCEF DOC. NO. 6
`
`
`INDEX NO. 27838/2017E
`INDEX NO~ 27838/20173
`
`
`
`
`
`RnCnIVnD VYSCEF: 08/21/2017
`RECEIVED NYSCEF: 08/21/2017
`
`E . D Au ' 8 2014 Bronx count-5n
`
`
`.93»:
`
`'fi
`
`.
`
`.
`
`,
`
`per annum In éqliél monthly Insta lments. payable m advance, and commencing
`retroactively as of October 27, 2011 in the amount of TWO THOUSAND
`
`TWO HUNDRED SIXTY NINE’DGLLARS AND FIFTY NINE CENTS
`
`($2,269.59) per mtmth and increaséfl by 4% per year and compounded annually
`and extending for eleven (1 1) yearsgiand
`For future medical axpcnscs w TNIRTEEN THOUSAND SIX HUNDRED
`
`HUNDIUED FIFTY SEVEN DOLLARS AND. any we CENTS ($2,1795757.62),.plus
`
`SEVENTEEN DOLLARS AN—D FORTY EIGHT CENTS (SB617.48) per
`
`annum in equal monthly installments, payable in advance and commencing
`
`retroactively as of Qctobcr 27, 2011 in the amount of ONE THOUSAND ONE
`
`HUNDRED THIRTY FOUR DOLLARS AND SEVENTY NINE CENTS
`($1,134.79) per month and increased by 4% per year and compounded annually
`
`and extending for thf: smarter at“ two (=2) ycars or the life of LUIS MOLINA, and
`
`IT IS FURTHER ORDERED AND ADJUD’GED that the total mesa-n: value of the
`
`award is TWO MILLION ONE HUNDRED SEVENTY NINE THOUSAND SEVEN
`
`2012 for 273 days totaling $49,589.49, costs and disbursements as taxed by the Clerk in the
`
`

`

`FILED: BRONX COUNTY CLERK 08/21/2017 04:25 PM
`FILED: BRONX COUNTY CLERK 08m2017 04:25 PM
`
`NYSCEF DOC. NO.
`6
`NYSCEF DOC. NO. 6
`
`
`INDEX NO. 27838/2017E
`INDEX NO~ 27838/20173
`
`
`
`
`
`RnCnIVnD VYSCEF: 08/21/2017
`RECEIVED NYSCEF: 08/21/2017
`
`
`
`
`
`

`

`FILED: BRONX COUNTY CLERK 08/21/2017 04:25 PM
`FILED: BRONX COUNTY CLERK 08m2017 04:25 PM
`
`NYSCEF DOC. NO.
`6
`NYSCEF DOC. NO. 6
`
`
`3X NO.
`27838/20173
`INDEX NO. 27838/2017E
`
`IND:
` \IYSCEF:
`
`
`
`
`RfiCfiIVfiD
`08/21/2017
`RECEIVED NYSCEF: 08/21/2017
`
`m 15 2314 33:19:25
`
`_, 9123 mm:
`
`“mm
`
`PM W
`
`Maflife“
`Meimpolnan Life insurance: company
`200 Pm Mariam Haw Yam. NY 10163
`
`
`
`
`NEW YORK. CITY TRANSIT AUTHORITY
`me—um
`
`hmln called
`Hawaiian Hi: Maurine: Gum
`”MUM “films that “will
`make: this: paymnfs dascfibad infigyngrfifimtq.
`
`
`Group Annulty con'um Nu.
` 329$
`
`
`[41390
`
`
`Honouring Lira
`
`
` Luis Moiina Jr
`
` Data of Birth nl‘ Measuring Life
`Jammy 25.
`IBM:
`
`
`
`
`Annuity Commencement Date
`
`
`
`Dcmbcr 27. 20 I4
`
`
`
` Beneficiary {If an!)
`
`
`Primary: Pursuant To C F L R 59- B
`Cantingmt: NM
`
`
`me {3.431241%
`
`
`
`

`

`FILED: BRONX COUNTY CLERK 08/21/2017 04:25 PM
`FILED: BRONX COUNTY CLERK 08m2017 04:25 PM
`
`NYSCEF DOC. NO.
`6
`NYSCEF DOC. NO. 6
`
`
`INDEX NO. 27838/20173
`INDEX NO. 27838/2017E
`
`
`
`
`
`
`RnCnIVnD VYSCEF: 08/21/2017
`RECEIVED NYSCEF: 08/21/2017
`
`[lot 15 2314 33:49:15
`
`—i lies HEtLifi:
`
`mm
`
`rm ans
`
`Rights of Omar. Th9 Owner owns the annuity daauribiad in this cmificatoi The
`Owner will have: the right at any time to design-rile the. payee, including the Banafiolary,
`lo whom bonoiiis are payable under me annuity. Huntsman unless the Owner otherwise
`directs, Mature will make all payments under the annuity to 2m paranoia named in the
`certificate.
`In addition. at any time after the death of the Measuring Life, the Dwnor may direct
`MolLifa to pay. in lieu of any term carton anngriy payments doseriiaod in lhis aniline-air,
`the commuted value of all remaining term certain ennuiiy payments in a single sum to a
`paves nomad by the Owner. The commuted value of such annuity payments will he
`nelouiatod Lining rho some Ernst-est ratelol as ihat um in determining {ha purol'ilso
`price of lira annuity.
`Nor-such change in payee or tonne of payment will be ofiooiiva until written notice ortho-
`change is moeivod by Mature. However. any change in a Beneficiary designation will
`take oifoci as of rho date the request was signed but wiinoui prejudice Io Mamie on
`aooounr of any poymoni mods by it before receipt of the requasi. Whon confronting
`MERLIN: the Owner should mention tho contract numbar and me name and certificate
`number of the Measuring Lilo.
`Proof of Living: MeiLlfe may remira rumor then the Meaouring Lilo, the Beneficiary or
`other prayers. as the name may be. is living on the data on which any amt-lily payment is
`to be maria.
`if proof i3 remand. rig! paymeni will be madé unlil tho proof has been
`recoiyad by MotLiia.
`Honor-claw:
`if two or morn Bonafloiarios so designated and their respective interests
`on; not spanned, lnair interest: will be eeveral and equal.
`Charge or Wniirnr: No sales representative on other person. empi an authorized
`about any certificate on bohaif of Mature. Any amendment, modification or waiver of
`any provision of ihls ooriifioare will be in writing and may be made effective on lac-shall of
`MotLii'o only by an Imnorizeci officer or more.
`Misshtommln:
`If the age or new of tho Measuring Life or any other relevant far: has
`been misstated, MetLifo will not pay a molar amount or annuity than ihoi provided by _
`rho actual amount renamed to primrose rho annuity and the corneal lnfonnallon. Any
`ovarnaymoni of annuity will. tflgélhél' with migrant, ho downed from future annuily
`paymems. Any underpayment of an annuity will.
`loge-mi with Moro-5i, be paid
`immediataiy upon receipt of lho corrosion inlnnnalion. The inlmst ralals) will no thal
`used in dern‘minino lha purchase urine or the annuity.
`Nonanigmhility: Claims of tumors:
`1111: certificate and tho naymonis prowiclod
`unoar it are nonassignobio and will no axon-up! from the minim; of oradliors to tho
`maximum oxtoni oornriitod by law.
`
`Form 33:32.0.
`
`(2)
`
`

`

`
`L‘J
`INDEX NO. 27838/2017:
`INDEX NO. 27838/2017E
`FILED: BRONX COUNTY CLERK 08/21/2017 04:25 PM
`
`FILED: BRONX COUNTY CLERK 08312017 04=25 PM
`08 21 2017
`
`
`
`
`
` 3F:
`R4.C «IVfiD \IYSCC
`\
`NYSCEF DOC. NO.
`6
`NYSCEF DOC. NO. 6
`RECEIVED NYSCEF: 08/21/2017
`
`flat 15 2311 35:45:25
`
`.
`
`”3* 668 Mil“:
`
`l‘htLif:
`
`Pm HES
`
`Paymant of Annuity; Maura wlll malls payments under this certificate as follows;
`
`Mmllhly Ran: ofAm-luigr: 32.55298 mmmmcing on Delmar 27. 2014 and
`(i)
`incl-cased by 4% may October 21% thereafter,
`Mama will pay monthly annuity paynsanls shown in item (2) below {mm October 27.
`. 20.14 to Slepmmbcr 21.2021 ifthe Waiting _La'fi;_is_ living on 1|]; dgge‘egeh payment is
`due,
`lf‘tlm Mmrring Lilla Is not living on the date a monthly payment is dual. then m' '
`Further Mutant will be made by Mellifa and all fuflhlfl' abligalians will cam.
`
`_
`
`'
`
`—_..
`
`l
`
`(9)
`
`M9111?! Iy Rafe “Annuity: $1,054.76 cmmenging an October 2'7, 201‘ and
`inmnsed by 4% every October 27 thereafter.
`
`Mellira will make payments in acmrdance with the provisions of this contract or
`dthérwise in actor-dance with the requirements in" any iawfbl wurl ardcr {med under
`Article 5013 cf lht NW York Civil Practice: Law and Rules as entered by a court of
`mpelem jurisdinlion.
`'
`
`me mam
`
`(3}
`
`

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