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STERN v. SULLUM

Index No. 11554/91. Appeal No. 15625-15625A. Case No. 2021-00146, 2021-00287.

203 A.D.3d 681 (2022)

166 N.Y.S.3d 132

2022 NY Slip Op 02216

Tara Allison Stern, an Infant by Her Parent and Natural Guardian, Stephen D. Stern, et al., Appellants, et al., Plaintiff, v. Stanford Sullum et al., Defendants. New York City Department of Social Services, Nonparty Respondent.

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

Decided March 31, 2022.

Attorney(s) appearing for the Case

Littman Krooks LLP, Rye Brook (Stephanie L. Goldstein of counsel), for appellant.

Georgia M. Pestana, Corporation Counsel, New York (Zachary S. Shapiro of counsel), for respondent.

Concur—Gische, J.P., Oing, Scarpulla, Shulman, Higgitt, JJ.

Plaintiff Tara Stern (Tara) was born with neurological damage, and she and her parents sued the doctors who had cared for her mother during her pregnancy and delivered her, as well as the hospital where Tara was born. The parties ultimately settled the lawsuit and the court entered an infant compromise order approving the settlement. Tara's portion of the settlement proceeds was divided into an up-front payment and three annuities. The annuities funded the special needs trust...

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