`
`FILED: DUTCHESS COUNTY CLERK 01/30/2019 01:36 PM
`NYSCEF DOC. NO. 96
`
`INDEX NO. 2016-50153
`
`RECEIVED NYSCEF: 01/29/2019
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`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF DUTCHESS
`
`HEIDI SEELBACH, as Administratrix of the
`ESTATE OF DOLORES R. HALL, decedent.
`
`-against-
`
`MOHAMMAD I. KHAN,
`
`Plaintiff,
`
`Defendant.
`
`Index No.: 50153/16
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`7s ORDER APPROVING
`SETTLEMENT OF
`WRONGFUL DEATH
`CLAIM UPON
`CONSENT
`
`Assigned Judge:
`Hon. James V. Brands
`
`x
`
`x
`
`Upon reading and filing the annexed Affirmation of Jennifer L. Langley, Esq. of
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`RUTBERG BRESLOW PERSONAL INJURY LAW, attorneys for plaintiff, dated the 10th day
`
`of April, 2018. the annexed Affidavit of Heidi Seelbach, Administratrix of the Estate of Dolores
`
`R. Hall, sworn to the 3rd day of April, 2018, and this Motion for the approval by the court of
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`settlement of the above-entitled action having come on to be heard and all appearances required
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`by the Court having been made, and it appearing that acceptance of the present value of
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`$350,000.00 in settlement of the claim would be in the best interest of the estate, and that the
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`whole of the payment hereby approved is allocated to the cause of action for wrongful death and
`C^'^pain and suffering, and that the sum of $9,001.68 is the amount expended by the firm of
`
`RUTBERG BRESLOW PERSONAL INJURY LAW, as disbursements, and that the sum of
`
`$116,666.67 is the reasonable value of the services rendered by the firm Rutberg Breslow
`
`Personal Injury Law,
`
`NOW, on motion of Jennifer L. Langley, Esq., attorney for plaintiff(s)^it is hereby
`
`ORDERED, that:
`
`1.
`
`Heidi Seelbach, as Administratrix is hereby authorized to settle and compromise
`
`the within causes of action for the sum of $350,000.00.
`
`RUTBERG BRESLOW PERSONAL INJUR Y LA W, 3344 Rou/e 9 North, Roi^hlceepxie, NY 12(411
`4lu>iiett letter aensent k/ Defense (Gnu-jo*/
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`1
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`1 of 2
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`FILED: DUTCHESS COUNTY CLERK 01/30/2019 01:36 PM
`NYSCEF DOC. NO. 96
`
`Jk
`
`INDEX NO. 2016-50153
`
`RECEIVED NYSCEF: 01/29/2019
`
`2.
`
`The restrictions on the Letters of Administration, if any, are modified to the extent
`
`of allowing the within settlement.
`
`n
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`Said sum of S350,000.00 shall be paid by draft payable to the order of the law
`
`firm of RUTBERG BRESLOW PERSONAL INJURY LAW, as attorneys for the Estate of
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`Dolores R. Hall; whereupon the plaintiff shall provide a general release and stipulation of
`
`discontinuance to defendant, together with any other papers necessary to effectuate said
`
`compromise. Said payment shall be forwarded to said attorneys forthwith; said attorneys shall
`
`deposit same to escrow and proceed in accord with the further terms and conditions of this
`
`Order.
`
`4. Upon receipt of said present payment the Plaintiffs attorneys shall
`
`pay Ihe following expenses from escrow as authorized by E.P.T.L.
`
`§5-4.6(a)(l).
`
`a)The sum of $1 1,485.62 shall be paid to Medicaid in satisfaction
`of the applicable Medicaid lien;
`
`5. Pursuant to EPTL §5-4.6(a)(2), RUTBERG BRESLOW PERSONAL INJURY
`
`LAW shall take payment of attorney's fees ($116,666.67) and disbursements
`
`($9,001.68) totaling ($125,668.35), out of said proceeds in escrow, upon
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`submission to this Court proof of filing of a petition on behalf of the estate in the
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`Surrogate's Court for allocation and distribution of the sum remaining
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`($212,846.03) after the payments authorized by all of the foregoing provisions of
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`this Order. Said attorneys remain counsel for the estate until entry of a final
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`decree in the Surrogate’s Court.
`DATED: AxAGHtalpSte _ , New York
`KTomudJij qdQ ,
`
`V. Brands,’•Jnsficc
`.
`it Y/tvvj. rw i?-
`RUTBERG BRESLOW PERSONAL INJURY LAW, 33J4 Ruiite 9 North, Poughkeepsie, NY 12601
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`2 of 2
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