ESTATE OF DONALD A. BAILEY QUATTRONE, Deceased (01/1567/Q/R/S) — The application by the co-administrators of the estate of Donald A. Bailey Quattrone to allocate and distribute the net settlement proceeds from causes of action for decedent’s wrongful death and conscious pain and suffering is granted. The causes of action arose from decedent’s exposure to asbestos, and were compromised by Order of the Supreme Court, New York County, dated June 12, 2017. That Order also approved attorneys’ fees and disbursements.The proceeds are allocated 60 percent to the cause of action for decedent’s conscious pain and suffering and 40 percent to the cause of action for decedent’s wrongful death. The restrictions contained in the letters issued to the co-administrators are removed and they are authorized to collect the settlement and execute the necessary receipts and releases with respect to defendants Federal Mogul (now being administered by the Federal Mogul Trust), AP Green Trust, and Armstrong World Industries (now being administered through the Armstrong World Industries Trust); the restrictions shall remain in full force and effect with regard to any remaining defendants.The net proceeds shall be paid as stated in the Decree.The account is settled and the Decree signed.Dated: December 29, 2017ESTATE OF JEAN CHAMBERS, Deceased (14/3000/B/C/D) — Upon reading and filing the Petition of JOHN CHAMBERS, as Executor of the Estate of JEAN CHAMBERS, duly verified the 10th day of March 2017, in which application was made for an Order permitting the said JOHN CHAMBERS, as Executor of the Estate of JEAN CHAMBERS, for leave to Compromise and to allocate and distribute the proceeds of the causes of action for conscions pain and suffering and wrongful death in the total sum of Two Million Three Hundred Fifty Thousand Dollars ($2,350,000), with the sum Three Hundred Thousand Dollars ($300,000.00) being allocated to the recovery for pain and suffering, CPS which said sum will be dealt with as part of decedent’s estate; and with the sum of One Million Two Hundred Sixty-one Thousand Seven Hundred Eighty-six Dollars and Ten Cents ($1,261,786.10) being allocated to the recovery for Wrongful Death, with the sum of Two Hundred Thousand Dollars ($200,000.00) to be distributed to John Chambers and the sum of One Million Sixty-one Thousand Seven Hundred Eighty-six Dollars and Ten Cents ($1,061,786.10) to be distributed to Maria Chambers in accordance with their respective pecuniary losses, and that Petitioner be permitted to execute and deliver any and all papers necessary to effectuate the settlement and distribution, that the legal fee of Rosato & Lucciola, P.C. and The Rosato Firm, PC in the sum of Seven Hundred Eighty Thousand Eight Hundred Ninety-three Dollars and Five Cents ($780,893.05), and the disbursements of Rosato & Lucciola, P.C. and The Rosato Firm, PC in the sum of Seven Thousand Three Hundred Twenty Dollars and Eighty-five Cents ($7,320.85) be paid from the proceeds of the within settlement, that the net balance of the settlement, to wit, the sum of One Million Five Hundred Sixty-one Thousand Seven Hundred Eighty-six Dollars and Ten Cents ($1,561,786.10), be distributed in in accordance with the aforementioned allocation, that the account of JOHN CHAMBERS arising out of the subject personal injury and wrongful death claims be judicially settled; that a bond be dispensed with in this proceeding; and that the Court grant such other and further relief as may be just and proper;And considering the Affirmation of Legal Services, dated March 13, 2017, of Paul A. Marber, Esq.;And more than seven months having elapsed since the granting of Letters Testamentary to JOHN CHAMBERS,And distributee Maria Chambers having either appeared and/or consented to the relief requested;And the New York State Department of Taxation and Finance having Submited a letter, Dated July 25, 2017, stating that it does not oppose the relief requested:And the Court having rendered a decision of even date herewith granting the Petition to compromise the cause of action for wrongful death and CPS and the settlement of the account,And the Court having examined the said account and having found the state and condition of said account to be as set forth in the following statement recorded with the Court:SUMMARY STATEMENT OF THE SETTLEMENT PROCEEDSThe Executor is charged with collection of the proceeds of the action for pain and suffering and wrongful death to be distributed $2,350,000.00And it appearing the said Executor has fully accounted for all monies and properties of the estate in said summary statement, and the Executor having waived any claim to statutory commissions on this settlement, it is herebyORDERED, ADJUDGED AND DECREED that the Petitioner’s application for leave to allocate and distribute the net proceeds in the total sum of One Million Five Hundred Sixty-one Thousand Seven Hundred Eighty-six Dollars and Ten Cents ($1,561 786.10) of the causes of action for personal injury and Wrongful Death; with the sum of Three Hundred Thousand Dollars ($300,000.00) being allocated to the recovery for pain and suffering, which said sum will be dealt with as part of decedent’s estate; and with the sum of One Million Two Hundred Sixty-one Thousand Seven Hundred Eighty-six Dollars and Ten Cents ($1,261,786.10) being allocated to the recovery for Wrongful Death, with the sum of Two Hundred Thousand Dollars ($200,000.00) to be distributed to John Chambers and the sum of One Million Sixty-one Thousand Seven Hundred Eighty-six Dollars and Ten Cents ($1,061,786.10) to be distributed to Maria Chambers in accordance with their respective pecuniary losses, and that Petitioner be permitted to execute and deliver any and all papers necessary to effectuate the settlement and distribution, is hereby GRANTED; and it is furtherORDERED, ADJUDGED AND DECREED, that the legal fee of Rosato & Lucciola, P.C. and The Rosato Firm, PC in the sum of Seven Hundred Eighty Thousand Eight Hundred Ninety-three Dollars and Five Cents ($780,893.05), and the disbursements of Rosato & Lucciola, P.C. and The Rosato Firm, PC in the sum of Seven Thousand Three Hundred Twenty Dollars and Eighty-five Cents ($7,320.85) shall be paid from the gross proceeds of the within settlement; and it is furtherORDERED, ADJUDGED AND DECREED that JOHN CHAMBERS, as Executor of the decedent’s estate is authorized to, deliver general releases and discontinuances and any other papers or documents that may be required to effectuate the settlement and all closing papers required on said claims and causes of actions; and it is furtherORDERED, ADJUDGED AND DECREED that, upon the approved allocation as set forth herein above, defendants in the plenary proceeding are directed to make their respective sums of settlement payable to “John Chambers, executor of the Estate of Jean Chambers, and The Rosato Firm, PC, his attorneys” for deposit into the attorney trust account of The Rosato Firm, PC; and it is furtherORDERED, ADJUDGED AND DECREED that, upon bank clearance of the aforementioned settlement sums, The Rosato Firm, PC shall distribute the proceeds as follows:To: The Rosato Firm, PC, as and for attorneys’ fees for all services rendered as attorney for the Executor through final decree and distribution $780,893.05To: The Rosato Firm, PC, in reimbursement of disbursements as attorney for the Executor $7,320.85To: JOHN CHAMBERS, as Executor of the Estate of Jean Chambers for her Conscious pain and suffering, to be distributed in accordance with the terms of decedent’s will $300,000.00To: JOHN CHAMBERS, husband, as and for his pecuniary loss $200,000.00To: MARIA CHAMBERS, daughter as and for her pecuniary loss $1,061,786.10$2,350,000.00and it is furtherORDERED, ADJUDGED AND DECREED that upon making payments as aforesaid, JOHN CHAMBERS, as Executor of the Estate of JEAN CHAMBERS, deceased, be and hereby is discharged from any and all further liability as to all matters and things embraced in the aforesaid account and determined by this Decree specifically relating to the said claims; and it is furtherORDERED, ADJUDGED AND DECREED that the filing of a bond or other security in connection herewith is dispensed with, and any restrictions on the Letters Testamentary are hereby modified to allow the above allocations and distributions; and it is furtherORDERED, ADJUDGED AND DECREED that the account of JOHN CHAMBERS, as Executor of the Estate of JEAN CHAMBERS, deceased, for these proceeds is hereby judicially settled.Dated: December 29, 2017ESTATE OF JEAN CHAMBERS, Deceased (14/3000/B/C/D) — Decedent Jean Chambers died approximately two hours after being struck by a motor vehicle while crossing a street in Manhattan as a pedestrian, and her executor, who is her surviving spouse, requests approval of his account for the settlement proceeds regarding claims of conscious pain and suffering and wrongful death. Approval of this compromise and proposed distribution to which decedent’s other distributee, her adult daughter, has provided a consent is granted. There is no opposition to this petition. Petitioner has waived commissions, and no reimbursement is sought for funeral expenses. He proposes an allocation of $300,000 to the cause of action for conscious pain and suffering, with the remainder of the proceeds allocated to the cause of action for wrongful death and distributed between decedent’s two distributees for their pecuniary losses.The petition is granted, and the disbursements and fees of petitioner’s attorney are fixed and allowed in the amounts requested. The amounts allocated to the cause of action for conscious pain and suffering shall be paid to decedent’s executor, and those for wrongful death shall be paid as set forth in the petition and decree. The executor shall execute and deliver any and all papers necessary to effectuate the settlement and distribution.Decree settling the executor’s account signed.Dated: December 29, 2017ESTATE OF JAMES WU, Deceased (08/3338/A/B/C) — The application by the administrator of the estate of James Wu, to allocate and distribute the net settlement proceeds from causes of action for decedent’s conscious pain and suffering and wrongful death is approved. The restrictions in the letters of administration issued to petitioner, Gina Wu, are hereby removed. The administrator is authorized to collect the settlement proceeds and issue any instrument necessary to effectuate settlement.The record reflects that the causes of action were settled before trial for $265,000. The settlement, which was approved by an Order of the Supreme Court, New York County dated April 5, 2017, directed the payment of legal fees and reimbursement for disbursements to Ressler & Ressler. The order also directed that the balance of the settlement proceeds, $176,345.27, be held in an interest-bearing escrow account, pending further Decree of this court.The proposed allocation of 100 percent of the net settlement proceeds to the cause of action for decedent’s wrongful death is approved. Statutory commissions (SCPA 2307) are also approved and petitioner is authorized to reimburse herself the sum of $12,899 for decedent’s funeral expenses.The net balance of the wrongful death proceeds shall be paid as set forth in the Decree.Decree settling Administrator’s account signed.Dated: December 29, 2017ESTATE OF PENTTI J.K. KOURI, Deceased (09/0624/B);ESTATE OF PENTTI J.K. KOURI, Deceased (09/0624);MATTI KOIVURJNTA FOUNDATION, Plaintiff, v. MARK G. PEDRETTI, AS EXECUTOR OF THE ESTATE OF PENTTI J.K. KOURI, deceased, Defendant (09/0624/A) — Mark G. Pedretti has filed an intermediate account of his proceedings as executor of the estate of Pentti J.K. Kouri, decedent, for the period of January 21, 2009 through April 30, 2014, in this insolvent estate. Petitioner has requested that the accounting proceeding be consolidated with two pending proceedings in this court: 1) a proceeding to recover property from Ace Gallery, Los Angeles, pursuant to SCPA 2103, and 2) an action brought against the estate by the Matti Koivurinta Foundation for foreclosure of a perfected security interest. This relief is granted and the three matters are hereby consolidated and determined in the context of this accounting proceeding.The executor and Ace Gallery, Los Angeles, have settled their disputes and filed in this court a stipulation dated September 25, 2013, and approved by the U.S. Bankruptcy Court on November 12, 2013. Accordingly, the SCPA 2103 proceeding to turn over property has been resolved pursuant to that stipulation.The executor and the Matti Koivurinta Foundation have settled their disputes and filed in this court a stipulation dated December 6, 2017. Accordingly, the action to foreclose on a perfected security interest has been discontinued with prejudice (CPLR 3217[a][2]).The New York State Department of Taxation and Finance initially objected to the intermediate account but later withdrew those objections (CPLR 3217[a][l]).Executor’s commissions are approved. Attorney’s fees have been fixed as requested in the now uncontested petition, in view of the extraordinary legal services provided by petitioner’s counsel during the accounting period.The judicial account, being otherwise proper, is hereby settled. Decree to be signed.Dated: December 29, 2017
