Cite as: Matter of Francesco Tierno, P-240/03/C, NYLJ 1202587548310, at *1 (Surr., RI, Decided December 12, 2012)

Surrogate Robert J. Gigante

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Decided: December 12, 2012




In this estate, the Court by prior Orders granted applications to compromise wrongful death/conscious pain and suffering causes of action on behalf of the decedent against several defendants. Limitations remained within the Letters Testamentary as against the non-settling defendants. The instant application seeks to compromise the action against additional settling defendants, Armstrong World Industries, and Pfizer Incorporated. Waivers and consents from all the interested parties have been filed.

Upon review of all the papers submitted, the application to modify the limitations and to settle the wrongful death/ conscious pain and suffering causes of action in the amount of $73,984.94 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 $25,384.29 to Weitz & Luxenberg, P.C. Additionally, payment to MSPRC in the amount of $1,270.96 as payment of their claim was approved.

The net balance in the amount of $47,328.99 shall be paid as follows: $19,439.98 to Eileen Tierno, surviving spouse, for the portion of the settlement allocated to wrongful death; and $27,889.01 to Eileen Tierno, sole beneficiary under decedent's Will, for the portion of the settlement allocated to conscious pain and suffering.

Provisions in the Limited Letters Testamentary heretofore issued to the petitioner on October 1, 2003, are hereby modified to the extent as indicated in this decision. The limitations within the limited letters testamentary shall remain in effect as against any other parties, and any and all other civil actions, until further Order of the Court. Incidental relief prayed for is granted.

Decree signed.