FILED: KINGS COUNTY CLERK 11/17/2016 01:41 PM
`NYSCEF DOC. NO. 67
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`INDEX NO. 519534/2016
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`RECEIVED NYSCEF: 11/17/2016
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`FILED: KINGS COUNTY CLERK 112016 01:41 P
`NYSCEF DOC. NO.
`67
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`INDEX NQ~ 519534/2016
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`RmCmIVmD WYSCEF: 11/17/2016
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`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF KINGS
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`______________________________________________________________________X
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`SAMUEL TAUBER,
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`Plaintiff,
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`~against-
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`CENTRAL YETEZ LEV SATMAR MEAT AND
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`POULTRY and 684 MYRTLE, LLC.
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`______________________________________________________________________X
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`Defendants.
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`S I R S :
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`ORDER WITH
`NOTICE OF ENTRY
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`INDEX NO.: 3217/08
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`PLEASE TAKE NOTICE, that the within is a true copy of a Decision and Order
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`of Honorable Richard N. Allman, dated November 19, 2008 and entered in the office of
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`the Clerk of the within named Court on April 23, 2009.
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`Dated: Brooklyn, New York
`April 29, 2009
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`OBLEY, ESQ.
`FRIEDMAN, KHAFIF & SANCHEZ, LLP
`Attorjiieys for Plaintiff
`16 Court Street, 26‘“ Floor
`Brooklyn, New York 11241
`(718) 797—2488
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`TO:
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`CENTRAL YETEZ LEV
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`SATMAR MEAT & POULTRY
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`684 Myrtle Avenue
`Brooklyn, NY 11205
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`684 MYRTLE, LLC
`199 Lee Avenue
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`Brooklyn, NY 11211
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`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF KINGS
`________________________________________________________________________X
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`SAMUEL TAUBER,
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`'
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`Plaintiff,
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`-against-
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`CENTRAL YETEZ LEV SATMAR MEAT AND
`POULTRY and 684 MYRTLE, LLC.
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`Defendants.
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`______________________________________________________________________“X
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`RICHARD N. ALLMAN, REFEREE:
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`Index No. 3217/08
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`On June 30, 2008, a default judgment was awarded against both defendants in this action.
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`Thereafter, on November 5, 2008, an inquest was held to determine if damages should be awarded
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`to the plaintiff. The only witness to testify at the inquest was the plaintiff, Samuel Tauber. The
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`inquest was adjourned at the plaintiffs request to November 19, 2008 so that counsel for the plaintiff
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`could submit verdict reports in support of the damage request that was made.
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`Tauber testified that he was injured on October 19, 2007 while working as a volunteer at 684
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`Myrtle Avenue. He was moving a case in the store when he leaned against the storefiont window
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`and the window shattered. Glass fell onto Tauber cutting his forehead, his eyebrow and cheek, his
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`hand and his right foot. Tauber was taken to Bellevue Hospital, where he received thirty stitches in
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`his hand/wrist, fifteen stitches for two cuts on his face, two stitches on his foot and one long stitch
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`with “seventeen overlaps” on “his head.” In addition to these stitches, Tauber learned that six
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`ligaments in his wrist were cut. Tauber testified that because of this condition, he could no move
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`his right hand or four of the fingers on that hand.
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`About ten days after the accident, Tauber went to see Dr. Mark Pruzansky, who is affiliated
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`with Mt. Sinai Hospital. Pruzansky took removed the stitches and arranged to perform surgery to
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`repair Tauber’s hand. The surgery was performed in December 2007. Two weeks after the surgery,
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`infected and Pruzansky performed a second operation, which was successful. Tauber continued in
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`therapy for “a few months” and then stopped it.
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`Tauber displayed the scars from the accident to this Court. This Court noted that Tauber has
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`a one and one—half inch vertical scar on the right side of his forehead above his eye, acne—half inch
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`scar between the eyebrows and a one inch horizontal scar below his right eye. The scar on Tauber’s
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`wrist is much more pronounced than the scars on his head. The wrist scar extends across the top of
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`Tauber’s wrist from one side to the other.
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`Tauber testified that he is left handed. This Court asked him to demonstrate how his right
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`hand. is restricted since the accident. This Court saw that Tauber could make a fist and move each
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`ofhis fingers. He could bend the wrist backwards in a normal manner but when he tried to bend the
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`wrist forward (so that his fingertips moved toward the underside of his arm), the movement was
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`restricted: Tauber could bend the wrist about a third of the distance he was able to bend his left wrist.
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`Tauber also testified that the injury to his wrist made it more difficult to do the daily chores of life
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`— he could not carry heavy objects in the right hand without feeling pain and he could not turn a
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`screwdriver easily with this hand and this was something he was expected to do as part ofhis job as
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`an HVAC technican.
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`V
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`At the end of the inquest, counsel for plaintiff requested that this Court award $900,000 to
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`the plaintiff. This Court asked whether this damage request was discounted to take into effect that
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`the injury suffered was to the plaintiff’ s non—dominant hand and whether counsel could produce any
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`verdict reports showing that this award was appropriate.
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`Based on this Court’s own review of the verdict reports and its own observations of the
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`plaintiff’ s current condition, it finds that an award of $200,000 is appropriate. Accordingly, it is
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`ORDERED that Central Yetez Lev Satmar Meat and Poultry and 684 Myrtle LLC must pay
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`Samuel Tauber $200,000 in damages; it is further
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`ORDERED that Central Yetez Lev Satmar Meat and Poultry and 684 Myrtle LLC arejointly
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`and severally liable for this $200,000 debt; it is further
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`ORDERED that Central Yetez Lev Satmar Meat and Poultry and 684 Myrtle LLC must pay
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`nine percent (9 %) interest on the $200,000 debt from June 30, 2008 until the obligation is satisfied,
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`Van Nostrand v. Froehlich, 44 A.D.3d 54, 57-58 (2d Dept. 2007), appeal dismissed, 10 N.Y.3d 837
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`(2008); it is further
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`ORDERED that the clerk is directed to enter judgment; and it is further
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`ORDERED that plaintiff must file and serve a copy of this order with notice of entry to the
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`defendants within thirty days of its entry.
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`Dated: Brooklyn, New York
`November 19, 2008
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`ZCQDL
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`Referee
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`AFFIRMATION OF SERVICE
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`STATE OF NEW YORK, COUNTY OF KINGS ss.:
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`FABIEN A. ROBLEY, an attorney duly admitted to practice before the Courts of this
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`State, affirms the truth of the following under the penalties of perjury:
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`That on the rZ/clday of April, 2009, I served a true copy of the annexed
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`ORDER WITH NOTICE OF ENTRY
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`by sending the same via regular mail, in a sealed envelope, with postage prepaid thereon, in a
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`post office or official depository of the US. Postal Service within the State of New York,
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`addressed to:
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`CENTRAL YETEZ LEV
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`SATMAR MEAT & POULTRY
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`684 Myrtle Avenue
`Brooklyn, NY 11205
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`684 MYRTLE, LLC
`199 Lee Avenue
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`Brooklyn, NY 1 121 1
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`2’ ‘7 2009
`Dated: April
`Brooklyn, New York
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`~
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`FABIElx/trROBLBY, ESQ.
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