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ESTATE OF GRETTA MEDINA, Deceased

ESTATE OF GRETTA MEDINA, Deceased (668A-2004/A) — The administrator, one of the decedent's daughters, seeks to judicially account for the remaining settlement proceeds of a wrongful death action compromised in the Supreme Court, Bronx County (Green, J.) that are being held in her attorneys' escrow account.

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ESTATE OF GRETTA MEDINA, Deceased (668A-2004/A) — The administrator, one of the decedent’s daughters, seeks to judicially account for the remaining settlement proceeds of a wrongful death action compromised in the Supreme Court, Bronx County (Green, J.) that are being held in her attorneys’ escrow account.

The decedent died intestate on November 13, 2003, allegedly as the result of medical malpractice. In addition to the petitioner, the decedent’s distributees are a postdeceased spouse and four other children. The administrator of the estate of the post-deceased spouse and three of the children consent to the application. The fourth child, the youngest son, who allegedly lives in South America and had no contact with the decedent for over 30 years, was served with process seeking distribution of the recovery to the petitioner, the spouse and the other three children as the only distributees who suffered a pecuniary loss, and he defaulted. Under the circumstances presented, including the consent of the New York State Department of Taxation and Finance and the lack of any unpaid debts or claims presented herein, the court grants the request to allocate the entire settlement proceeds to the wrongful death cause of action.

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