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CONEJERO v. LAJAM

190 Misc.2d 393 (2002)

738 N.Y.S.2d 539

IDALIA CONEJERO, Individually and as Administratrix of the Estate of SERGIO CONEJERO, Deceased, Plaintiff, v. FAOUD E. LAJAM et al., Defendants.

Supreme Court, Queens County.

January 31, 2002.

Attorney(s) appearing for the Case

Kramer, Dillof, Livingston & Moore, New York City (Judith A. Livingston of counsel), for plaintiff.

Shapiro, Beilly, Rosenberg, Aronowitz, Levy & Fox, New York City (Beth Shapiro of counsel), for Faoud E. LaJam, defendant.

Garbarini & Scher, New York City (Karen Nourizadeh of counsel), for Astoria General Hospital, defendant.

OPINION OF THE COURT

DAVID GOLDSTEIN, J.

I

The issue is whether the decedent's adult, disabled child, who is physically and possibly mentally challenged, should receive a distributive share of her father's wrongful death proceeds, especially where, as here, the condition of the child was used to gain a larger settlement in the amount of $1,099,000.

II

This is an ex parte application to approve a wrongful death settlement and to...

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