Surrogate Mella MATTER OF QUAN ZHENG, Deceased (16-3856/D/E/F) — The proposed compromise of the cause of action for decedent’s conscious pain and suffering is approved. The restrictions on the Letters of Administration issued to petitioner, Na Na Shi, on October 31, 2016, are hereby removed. The record reflects that, on October 12, 2011, decedent sustained injuries while operating a motor vehicle which collided with a vehicle owned by the City of New York and the Department of Environmental Protection. Thereafter, decedent retained counsel to pursue a cause of action for conscious pain and suffering. However, on September 17, 2016, decedent died from unrelated causes before the action was resolved. The limited administrator of decedent’s estate now seeks permission to compromise the cause of action for $65,000.00 and to judicially settle her account. The court appointed three separate lawyers as guardians ad litem (“GALs”) to represent the interests of each of decedent’s children. The GALs each rendered a report wherein they opined that the settlement amount is fair and reasonable. The petition is granted. Petitioner is authorized to collect the settlement proceeds and issue any instrument necessary to effectuate settlement. Petitioner is authorized to pay the sum of $4,500 to Schottenstein Pain and Neuro, PPLC in full satisfaction of its claim, and to pay the sum of $7,500 to the Bank of America, N.A., in full satisfaction of its claim for two credit card balances owed by decedent at the time of his death.1 Statutory commissions (SCPA 2307) are allowed. No reimbursement for decedent’s funeral expenses is sought. Attorneys fees and disbursements are fixed and determined. The net balance shall be paid as set forth in the Decree (EPTL 4-1.1[a][1]). The court wishes to thank Linda L. Kordes, Esq., Charles D. Maurer, Esq., and Eric W. Penzer, Esq., for their pro bono services as guardians ad litem in this proceeding. Decree settling administrator’s account signed. Dated: November 19, 2020
1. An Affirmation by Christian Kubic, Esq., petitioner’s counsel, dated September 23, 2020, and filed herein, reflects that a lien against decedent in the amount of $250, asserted by the New York County Criminal Court, was pending at the time of his death. Counsel’s Affirmation indicates that petitioner has paid that lien and proof of payment has been provided to the court.
