In The Matter of James Napolitano
Cite as: In The Matter of James Napolitano, A-39/04/A, NYLJ 1202588694155, at *1 (Surr., RI, Decided November 13, 2012)
Surrogate Robert J. Gigante
Decided: November 13, 2012
This is an application by the limited administratrix of this estate to modify the limitations contained in the Limited Letters of Administration issued by this Court on December 21, 2004, so as to enable her to compromise a wrongful death/personal injury cause of action on behalf of decedent.
Jurisdiction has been obtained over all necessary parties, and the New York State Department of Taxation & Finance have filed a waiver and consent.
Upon review of all the papers submitted, the application to modify the limitations contained in the Limited Letters of Administration issued by this Court on December 21, 2004 and to settle the claim for the wrongful death/personal injury on behalf of the decedent in the amount of $750,000.00 is approved. The entire proceeds are allocated to the cause of action for wrongful death.
Attorney fees are fixed and allowed in the total amount of $244,861.98. The attorney fees shall be held in the escrow account of the Coffinas Firm, pending resolution of a fee dispute between counsel and until further Order of this Court. Disbursements in the amount of $15,414.00 are hereby fixed
and allowed as follows: $14,038.29 to the Coffinas Firm, PLLC; and $1,375.71 to DeBlasio & LaRocca, P.C. Casey Funeral Home shall be paid $12,950.00 as payment of decedent's funeral expenses. Oasis Legal Finance, LLC shall be paid $15,355.00
The net balance in the amount of $461,419.02 shall be paid pursuant to In Re Kaiser's Estate, 198 Misc 582, 100 NY2d 281 as follows: $275,477.15 to Linda E. Napolitano; $42,909.66 to James John Napolitano; $57,212.88 to Lisa Marie Napolitano; and $85,819.33 to Matthew Napolitano.
Incidental relief prayed for is granted.
Submit Decree upon Notice of Settlement to Bisogno & Meyerson, Esqs.