Braswell v. Mall 1-Bay Plaza, LLC

Braswell v Mall 1-Bay Plaza, LLC 2024 NY Slip Op 30552(U) February 21, 2024 Supreme Court, New York County Docket Number: Index No. 160650/2013 Judge: Debra A. James Cases posted with a "30000" identifier, i.e., 2013 NY Slip Op 30001(U), are republished from various New York State and local government sources, including the New York State Unified Court System's eCourts Service.

This opinion is uncorrected and not selected for official publication.

INDEX NO. 160650/2013 NYSCEF DOC. NO. 424 RECEIVED NYSCEF: 02/21/2024

SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY PRESENT: HON. DEBRA A. JAMES PART 59 Justice ---------------------------------------------------------------------------------X INDEX NO. 160650/2013 DEBORAH MARIE BRASWELL, AS ADMINISTRATRIX of the Estate of BILLY BRASWELL, Jr., Deceased, MOTION DATE 11/01/2023 Plaintiff, MOTION SEQ. NO. 012 -v- MALL 1-BAY PLAZA, LLC,PRESTIGE PROPERTIES & DECISION + ORDER ON DEVELOPMENT CO. INC., and AURORA CONTRACTORS, INC., MOTION Defendants. ---------------------------------------------------------------------------------X

PRESTIGE PROPERTIES & DEVELOPMENT CO. INC., and Third-Party AURORA CONTRACTORS, INC. Index No. 595318/2014 Third-Party Plaintiffs, -against- JC STEEL CORP. Third-Party Defendant. --------------------------------------------------------------------------------X MALL 1-BAY PLAZA, LLC, PRESTIGE PROPERTIES & Second Third-Party DEVELOPMENT CO. INC., and AURORA CONTRACTORS, Index No. 595566/2016 INC., Second Third-Party Plaintiffs, -against- CIVES CORPORATION D/B/A CIVES STEEL COMPANY NORTHERN DIVISION,

Second Third-Party Defendant. --------------------------------------------------------------------------------X

160650/2013 BRASWELL, JR., BILLY vs. PRESTIGE PROPERTIES & Page 1 of 4 Motion No. 012

AURORA CONTRACTORS, INC., Third Third-Party Index No. 595201/2020 Third Third-Party Plaintiff, -against- CONSTRUCTION REALTY SAFETY GROUP, INC.,

Third Third-Party Defendant. --------------------------------------------------------------------------------X The following e-filed documents, listed by NYSCEF document number (Motion 012) 415, 416, 417, 418, 419, 420, 421, 422, 423 were read on this motion to/for APPROVE/SETTLE ACCOUNTING .

ORDER Upon the foregoing documents, it is ORDERED that the motion of the plaintiff DEBORAH MARIE BRASWELL, as Administratrix of the Estate of Billy Braswell, Jr., Deceased, for an order authorizing such plaintiff to settle this action is GRANTED, without opposition; and it is further ORDERED that the plaintiff DEBROAH MARIE BRASWELL, as Administratrix of the Estate of Billy Braswell, Jr., Deceased, is authorized to settle the personal injury action and to execute all closing papers and any other documents or instruments necessary to effectuate the settlement in the amount of $2,005,000.00; and it is further ORDERED that defendants MALL 1-BAY PLAZA, LLC, PRESTIGE PROPERTIES & DEVELOPMENT CO. INC., AURORA CONTRACTORS, INC., JC STEEL CORP., CIVES CORPORATION d/b/a CIVES STEEL COMPANY NORTHERN 160650/2013 BRASWELL, JR., BILLY vs. PRESTIGE PROPERTIES & Page 2 of 4 Motion No. 012

DIVISION and CONSTRUCTION REALTY SAFETY GROUP, INC. shall pay THIRTY-THREE AND ONE-THIRD PERCENT (33-1/3%) of the total settlement, plus legal disbursements, directly to SACKS AND SACKS, LLP, attorneys for the plaintiff, which percentage is set forth in the statement of retainer filed by SACKS AND SACKS, LLP, with the Office of Court Administration of the State of New York, in accordance with 22 NYCRR 603.25(a), as such law firm’s entire compensation for legal services rendered to date in connection with the prosecution of the personal injury action; and it is further ORDERED that the defendants above shall pay directly to SACKS AND SACKS, LLP, attorneys for the plaintiff, the sum required for the purpose of remitting to NEW HAMPSHIRE INSURANCE COMPANY payment in full satisfaction of the outstanding Worker’s Compensation lien of such insurance carrier in accordance with such carrier’s consent letter dated March 27, 2023; and it is further ORDERED that the defendants shall pay directly to SACKS AND SACKS, LLP, attorneys for the plaintiff, the sum required for the purpose of remitting to ANCHOR FUNDINGS, payment in full satisfaction of the outstanding lien of such funding company in accordance with their letter dated August 24, 2023; and it is further

160650/2013 BRASWELL, JR., BILLY vs. PRESTIGE PROPERTIES & Page 3 of 4 Motion No. 012

ORDERED that pursuant to CPLR §5003-a, the defendants shall pay the balance of the settlement proceeds, which is the portion of the settlement proceeds due to the estate, to the order of DEBORAH MARIE BRASWELL and SACKS AND SACKS, LLP, as attorneys for the plaintiff, directly to SACKS AND SACKS, LLP, attorneys for the plaintiff; and it is further ORDERED that SACKS AND SACKS, LLP, shall file with the Office of Court Administration and serve upon plaintiff a Closing Statement in accordance with 22 NYCRR § 603.25(b).

DECISION See EPTL § 11-1.1(b)(13): (b) in the absence of contrary or limiting provisions in the court order or decree appointing a fiduciary, or in a subsequent order or decree. . ., every fiduciary is authorized * * * (13) To contest, compromise or otherwise settle any claim in favor of the estate, trust or fiduciary or in favor of third persons and against the estate, trust or fiduciary.

2/21/2024 DATE DEBRA A. JAMES, J.S.C. CHECK ONE: X CASE DISPOSED NON-FINAL DISPOSITION X GRANTED DENIED GRANTED IN PART OTHER APPLICATION: SETTLE ORDER SUBMIT ORDER CHECK IF APPROPRIATE: INCLUDES TRANSFER/REASSIGN FIDUCIARY APPOINTMENT REFERENCE

160650/2013 BRASWELL, JR., BILLY vs. PRESTIGE PROPERTIES & Page 4 of 4 Motion No. 012