ESTATE OF BERNARD A. IAMMATTEO, Deceased
ESTATE OF BERNARD A. IAMMATTEO, Deceased. (836/J/07) — This is an application to compromise a wrongful death/personal injury cause of action against various defendants in a multiple defendant lawsuit brought on behalf of decedent's estate. This Court, by prior Orders, granted compromise applications as against several codefendants. Limitations remained within the Letters of Administration as against non-settling defendants.
Jurisdiction has been obtained over all necessary parties, including the New York State Department of Taxation and Finance.
Upon review of all the papers submitted, the application to modify the limitations and to settle the wrongful death/conscious pain and suffering cause of action in the amount of $171,526.42 is approved. The allocation of the net proceeds shall be 40 percent to the cause of action for wrongful death, and 60 percent to the cause of action for conscious pain and suffering.
Pursuant to EPTL 5-4.6, attorney fees, inclusive of disbursements, were fixed and allowed in the total amount of $57,455.47 to Weitz & Luxenberg, P.C.
The net balance in the amount of $114,070.95 shall be paid as follows: $45,628.38 to Mary F. Iammatteo, surviving spouse, for the portion of the settlement allocated to wrongful death; $34,221.29 to Mary F. Iammatteo; $17,110.64 to Debra S. Iammatteo; and $17,110.64 to Michele N. Iammatteo, for the portion of the settlement allocated to conscious pain and suffering.
The limitations within the Limited Letters of Administration shall remain in effect, as against any non-settling parties, and any and all other civil actions until further Order of the Court.
Incidental relief prayed for is granted.
December 13, 2012