At IAS Part ____ of the Supreme Court of
`the State of New York, held in and for the
`County of Nassau, at the Courthouse thereof,
`located at 100 Supreme Court Drive,
`Mineola, New York on the _____ day of
`___________ 2015.
`
`PRESENT: HONORABLE JUSTICE JEROME C. MURPHY
`
`J.S.C.
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF NASSAU
`----------------------------------------------------------------------X
`ERIC HARRIS, individually and by his legal guardian,
`Index No.: 603898/2014
`ERICA HARRIS and ERICA HARRIS, individually,
`
` Plaintiffs,
`
` - against -
`
`COMPROMISE ORDER
`
`Hon. Jerome C. Murphy
`
`TERRACE 100, LP, THE D & F DEVELOPMENT
`GROUP, LLC, TOWN OF HEMPSTEAD INDUSTRIAL
`DEVELOPMENT AGENCY, BIG APPLE FIRE
`SPRINKLER COMPANY, INC. and CUSTOM SYSTEMS
`INSTALLATION, LLC,
`
` Defendants.
`----------------------------------------------------------------------X
`
`Upon reading and filing of the affidavit of ERICA HARRIS, the legal guardian of person and
`
`property of the ward, ERIC HARRIS, duly sworn to on the 9th day of October 2015, the affirmation
`
`of JOSEPH G. DELL, attorney for the plaintiffs, dated the 19th day of October 2015, and the
`
`affirmation of Dr. Clinton Wilburn dated the 2nd day of July 2015, and it appearing that the plaintiff
`
`ERIC HARRIS is 32 years old having been born in 1983, and the plaintiff, the legal guardian, and
`
`their attorney having appeared before the Court on the ___ day of ________ 2015 and it appearing
`
`that the best interest of said plaintiff ERIC HARRIS will be served by the acceptance of the pre-trial
`
`offer of future periodic payments and up-front cash at a cost to defendants TERRACE 100, LP, THE
`
`
`the State of New York, held in and for the
`County of Nassau, at the Courthouse thereof,
`located at 100 Supreme Court Drive,
`Mineola, New York on the _____ day of
`___________ 2015.
`
`PRESENT: HONORABLE JUSTICE JEROME C. MURPHY
`
`J.S.C.
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF NASSAU
`----------------------------------------------------------------------X
`ERIC HARRIS, individually and by his legal guardian,
`Index No.: 603898/2014
`ERICA HARRIS and ERICA HARRIS, individually,
`
` Plaintiffs,
`
` - against -
`
`COMPROMISE ORDER
`
`Hon. Jerome C. Murphy
`
`TERRACE 100, LP, THE D & F DEVELOPMENT
`GROUP, LLC, TOWN OF HEMPSTEAD INDUSTRIAL
`DEVELOPMENT AGENCY, BIG APPLE FIRE
`SPRINKLER COMPANY, INC. and CUSTOM SYSTEMS
`INSTALLATION, LLC,
`
` Defendants.
`----------------------------------------------------------------------X
`
`Upon reading and filing of the affidavit of ERICA HARRIS, the legal guardian of person and
`
`property of the ward, ERIC HARRIS, duly sworn to on the 9th day of October 2015, the affirmation
`
`of JOSEPH G. DELL, attorney for the plaintiffs, dated the 19th day of October 2015, and the
`
`affirmation of Dr. Clinton Wilburn dated the 2nd day of July 2015, and it appearing that the plaintiff
`
`ERIC HARRIS is 32 years old having been born in 1983, and the plaintiff, the legal guardian, and
`
`their attorney having appeared before the Court on the ___ day of ________ 2015 and it appearing
`
`that the best interest of said plaintiff ERIC HARRIS will be served by the acceptance of the pre-trial
`
`offer of future periodic payments and up-front cash at a cost to defendants TERRACE 100, LP, THE
`
`
`
`D & F DEVELOPMENT GROUP, LLC, TOWN OF HEMPSTEAD
`
`INDUSTRIAL
`
`DEVELOPMENT AGENCY, BIG APPLE FIRE SPRINKLER COMPANY, INC., and CUSTOM
`
`SYSTEMS INSTALLATION, LLC, in the sum of TWO MILLION, FIVE HUNDRED THOUSAND
`
`DOLLARS ($2,500,000.00) which offer is fair and reasonable,
`
`NOW on application, consent and agreement of the parties herein, and without the necessity
`
`of any further motion practice before this Court on behalf of any party herein, it is
`
`ORDERED, that ERICA HARRIS, as the legal guardian of ERIC HARRIS, be and hereby
`
`is authorized to execute releases and all required closing documentation discontinuing the plaintiff
`
`ERIC HARRIS’s cause of action upon compliance with the following terms of this Order:
`
`THAT the defendants TERRACE 100, LP, THE D & F DEVELOPMENT GROUP, LLC,
`
`TOWN OF HEMPSTEAD INDUSTRIAL DEVELOPMENT AGENCY, BIG APPLE FIRE
`
`SPRINKLER COMPANY, INC., and CUSTOM SYSTEMS INSTALLATION, LLC shall pay the
`
`sum of TWO MILLION, FIVE HUNDRED THOUSAND DOLLARS ($2,500,000.00) in full
`
`settlement of the cause of action on behalf of the plaintiffs in the following manner:
`
`THAT, pursuant to the Mediation Agreement dated May 18, 2015, the sum of TWO
`
`MILLION, FIVE HUNDRED THOUSAND DOLLARS ($2,500,000.00) shall be paid as follows:
`
`a.
`
`THAT TERRACE 100, LP, THE D & F DEVELOPMENT GROUP, LLC, and
`
`TOWN OF HEMPSTEAD INDUSTRIAL DEVELOPMENT AGENCY shall pay
`
`the sum of TWO MILLION, FOUR HUNDRED THOUSAND ($2,400,000.00);
`
`THAT CUSTOM SYSTEMS INSTALLATION, LLC shall pay the sum of
`
`SEVENTY FIVE THOUSAND DOLLARS ($75,000.00); and
`
`THAT BIG APPLE FIRE SPRINKLER COMPANY, INC. shall pay the sum of
`
`b.
`
`c.
`
`TWENTY FIVE THOUSAND DOLLARS ($25,000.00);
`
`
`
`THAT the total sum of EIGHT HUNDRED FORTY-ONE THOUSAND SIX HUNDRED
`
`SEVENTY-FIVE DOLLARS AND FORTY TWO CENTS ($841,675.42) to DELL & DEAN,
`
`PLLC, attorneys for the claimant representing 1) their fee for their services rendered of EIGHT
`
`HUNDRED TWENTY-NINE THOUSAND ONE HUNDRED SIXTY-TWO DOLLARS AND
`
`TWENTY NINE CENTS ($829,162.29) and 2) the firm’s disbursements totaling TWELVE
`
`THOUSAND FIVE HUNDRED THIRTEEN DOLLARS AND THIRTEEN CENTS ($12.513.13);
`
`the legal fees and disbursements to be paid as follows:
`
`THAT the lump sum of SEVENTY FIVE THOUSAND DOLLARS ($75,000.00)
`
`shall be paid by defendant CUSTOM SYSTEMS INSTALLATION, LLC and/or their
`
`Insurer(s) to DELL & DEAN, PLLC, representing attorney’s fees;
`
`THAT the lump sum of TWENTY FIVE THOUSAND DOLLARS ($25,000.00)
`
`shall be paid by defendant BIG APPLE FIRE SPRINKLER COMPANY, INC. and/or their
`
`Insurer(s) to DELL & DEAN, PLLC, representing attorney’s fees;
`
`THAT the lump sum of SEVEN HUNDRED FORTY-ONE THOUSAND SIX
`
`HUNDRED SEVENTY-FIVE DOLLARS AND FORTY TWO CENTS ($741,675.42) shall
`
`be paid by defendants TERRACE 100, LP, THE D & F DEVELOPMENT GROUP, LLC,
`
`and TOWN OF HEMPSTEAD INDUSTRIAL DEVELOPMENT AGENCY, and/or their
`
`Insurer(s) to DELL & DEAN, PLLC, representing the remaining balance of attorney’s fees
`
`and disbursements;
`
`THAT from the remaining sum of ONE MILLION SIX HUNDRED FIFTY-EIGHT
`
`THOUSAND THREE HUNDRED TWENTY-FOUR DOLLARS AND FIFTY-EIGHT CENTS
`
`($1,658,324.58), the lump sum amount of EIGHT HUNDRED FIFTY-EIGHT THOUSAND
`
`THREE HUNDRED TWENTY-FOUR DOLLARS AND FIFTY-EIGHT CENTS ($858,324.58)
`
`
`
`shall be paid by the defendants TERRACE 100, LP, THE D & F DEVELOPMENT GROUP, LLC,
`
`and TOWN OF HEMPSTEAD INDUSTRIAL DEVELOPMENT AGENCY and/or their Insurer(s),
`
`upon their receiving a Certified Order Expanding Powers of the Guardian establishing the ERIC
`
`HARRIS FIRST PARTY SPECIAL NEEDS TRUST, (Sup. Ct. Queens Cty.) Index No.:
`
`21338/2012, payable to the Trustees appointed thereunder;
`
`The balance of the proceeds in the amount of EIGHT HUNDRED THOUSAND DOLLARS
`
`($800,000.00) having been paid by the defendants TERRACE 100, LP, THE D & F
`
`DEVELOPMENT GROUP, LLC, and TOWN OF HEMPSTEAD INDUSTRIAL DEVELOPMENT
`
`AGENCY and/or their Insurer(s) to METLIFE TOWER RESOURCES GROUP, INC. to fund
`
`the purchase of a structured settlement annuity through METROPOLITAN LIFE INSURANCE
`
`COMPANY, which is licensed in the State of New York, and are currently rated “A+” (Superior)
`
`or better by A.M. Best Company, which will pay the (sums) future periodic payments pursuant to
`
`the following terms:
`
`
`
`Payable to the Trustees of the
`Eric Harris First Party
`Special Needs Trust
`(“Payee”)
`
`$1,186.44 per month for the life
`of Eric Harris, guaranteed 30
`years, beginning on October 20,
`2015, increasing at 3%
`compounding annually. The
`last guaranteed payment will be
`made on September 20, 2045;
`
`$50,000.00 guaranteed lump
`sum payable at age 37 (on
`September 19, 2020);
`
`$75,000.00 guaranteed lump
`sum payable at age 40 (on
`September 19, 2023);
`
`$125,000.00 guaranteed lump
`sum payable at age 45 (on
`September 19, 2028);
`
`$168,000.00 guaranteed lump
`sum payable at age 50 (on
`September 19, 2033).
`
`Guaranteed Amount
`
`Expected Lifetime Benefit
`
`$677,344.56
`
` $1,476,972.10
`
`$50,000.00
`
`$50,000.00
`
`$75,000.00
`
` $75,000.00
`
`$125,000.00
`
`$125,000.00
`
`$168,000.00
`
`$168,000.00
`
`ORDERED, that the projected purchase date of the annuity policy is September 1, 2015. Any
`
`delay in funding the annuity policy may result in a delay of the payment dates by an equal number
`
`of days, or at the discretion of the life insurance company, the payment amounts will be adjusted to
`
`reflect the delay in funding. A comparably rated life insurance company may be substituted to obtain
`
`the best interest rates available at the time of funding. Any changes in the payment amounts and/or
`
`commencement dates shall be recorded in the settlement agreement and release, qualified assignment
`
`
`
`documents and annuity contracts without the necessity of obtaining further court approval; and it is
`
`further
`
`ORDERED, that if ERIC HARRIS should not survive the term of the guaranteed payments,
`
`the remaining guaranteed payments shall be commuted to a present value and paid to the ERIC
`
`HARRIS FIRST PARTY SPECIAL NEEDS TRUST; and it is further
`
`ORDERED, that all sums set forth herein constitute damages on account of personal physical
`
`injuries or sickness, within the meaning of Section 104(a)(2) of the Internal Revenue Code of 1986
`
`as amended; and it is further
`
`ORDERED, that the periodic payments above mentioned are to be paid by mailing the same
`
`to the Trustees of the ERIC HARRIS FIRST PARTY SPECIAL NEEDS TRUST, to be appointed
`
`by the Supreme Court, Queens County; and it is further
`
`ORDERED, that the parties hereto acknowledge that the aforementioned defendants, or their
`
`insurance company(ies), who are obligated to make all the periodic payments provided for
`
`hereinabove, will assign to and arrange for the assumption by METLIFE TOWER RESOURCES
`
`GROUP, INC. (the “Assignee”), its obligation herein under with respect to the future periodic
`
`payments set forth pursuant to Section 130(c) of the Internal Revenue Code of 1986, as amended.
`
`Said assignment and assumptions shall completely release and discharge the defendants, TERRACE
`
`100, LP, THE D & F DEVELOPMENT GROUP, LLC, TOWN OF HEMPSTEAD INDUSTRIAL
`
`DEVELOPMENT AGENCY, BIG APPLE FIRE SPRINKLER COMPANY, INC. and CUSTOM
`
`SYSTEMS INSTALLATION, LLC, and their Insurer(s) from any of their obligations with respect
`
`to the periodic payments provided hereinabove; and it is further
`
`ORDERED, that upon the assignment of the duties and obligations to make such future
`
`periodic payments pursuant to this Order, all of the duties and responsibilities otherwise imposed
`
`
`
`upon defendants and their insurer(s) by this Order, with respect to such future periodic payments,
`
`shall be binding upon METLIFE TOWER RESOURCES GROUP, INC. and
`
`METROPOLITAN LIFE INSURANCE COMPANY; and it is further
`
`ORDERED, that upon such assignments, the aforementioned defendants and their insurer(s)
`
`shall be released from all obligations to make such future periodic payments and shall receive credit
`
`for the future periodic payments; and it is further
`
`ORDERED,
`
`that upon
`
`the making of such an assignment METLIFE TOWER
`
`RESOURCES GROUP, INC. shall assume the duties and responsibilities of the defendants and
`
`their insurer(s) with respect to such future periodic payments, and that the performance of the
`
`assignee shall be guaranteed in writing by METROPOLITAN LIFE INSURANCE COMPANY;
`
`and it is further
`
`ORDERED, that simultaneously with the making of such qualified assignment pursuant to
`
`Section 130(c) of the Internal Revenue Code of 1986, as amended, to METLIFE TOWER
`
`RESOURCES GROUP, INC. such assignee will purchase an annuity policy
`
`from
`
`METROPOLITAN LIFE INSURANCE COMPANY (the “Annuity Issuer”); and it is further
`
`ORDERED, that Eric Harris shall have no rights or incidence of ownership in said
`
`annuity policy; it being the intention herein to conform to and keep within the guidelines in all
`
`respects, and in good faith all applicable sections of the Internal Revenue Code and all guidelines
`
`and rulings of the Internal Revenue Service; and it is further
`
`ORDERED, that ongoing jurisdiction over funds subject to this Compromise Order for
`
`the benefit of ERIC HARRIS, including by not limited to the creation of a Special Needs Trust,
`
`the fixing of a bond and the use of funds, be and it is hereby transferred to the Supreme Court,
`
`
`
`Queens County, Index No: 21338/2012, or the Court having jurisdiction over the legal guardian
`
`of ERIC HARRIS; and it is further
`
`ORDERED that the filing of a bond, if any, shall be as set forth in a further Order of the
`
`Supreme Court, Queens County.
`
`E N T E R
`
`_____________________________________
`
`J.S.C.
`
`
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