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MATTER OF DRB CAPITAL, LLC v. HILARIO

Index No. 23176/19E. Appeal No. 13338. Case No. 2019-5791.

192 A.D.3d 506 (2021)

140 N.Y.S.3d 402

2021 NY Slip Op 01508

In the Matter of DRB Capital, LLC, Appellant, v. Diana Hilario et al., Respondents.

Appellate Division of the Supreme Court of New York, First Department.

Decided March 16, 2021.

Attorney(s) appearing for the Case

Black Marjieh & Sanford LLP, Elmsford ( Dana K. Marjieh of counsel), for appellant.

Concur—Renwick, J.P., Kapnick, Oing, Moulton, JJ.

DRB contends that the judgment is "procedurally defective." Its contention is not contested. The judgment is inadequate to effectuate the transfer of structured settlement payment rights because it "fail[s] to expressly state that the welfare and support of the payee's dependents were taken into account, and that the fees and expenses used to determine the net advance amount are fair and reasonable," as required by the statutes...

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