At a Settlement Part of the Supreme Court of

the State of New York, held in and for the

County of Westchester, at the Hon. Richard J.
Daronco Westchester County Courthouse
thereof located at 111 Dr. Martin Luther King
Jr., Blvd., White Plains, New York on the
day of , 2019

Present: HON. JOAN B. LEFKOWITZ, JSC

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JAMES ROBERT MCWILLIAM and Index No.: 70208/2017
CATHERINE O’NEILL MCWILLIAM, as Administrators
of the Estate of HENRY EDWARD MCWILLIAM, COMPROMISE ORDER
deceased, and individually, PURSUANT TO
EPTL § 5-4.6
Plaintiffs,

-against -

CONSTELLATIONS RECOVERY LLC, COMPASS

WESTCHESTER LLC, THOMAS MCCROSSAN,
MARK MCGOLDRICK, DEVIN MCCROSSAN
and PATRICK MCGOLDRICK,

Defendants.
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An action having been commenced by Plaintiffs, JAMES ROBERT MCWILLIAM

and CATHERINE O’NEILL MCWILLIAM, as Administrators of the Estate of HENRY

EDWARD MCWILLIAM, alleging the pain and suffering and wrongful death of HENRY

EDWARD MCWILLIAM, and the Plaintiffs having agreed to a settlement and to

discontinue the action against Defendants CONSTELLATIONS RECOVERY LLC,

COMPASS WESTCHESTER LLC, THOMAS McCROSSAN, MARK McGOLDRICK,

DEVIN McCROSSAN and PATRICK McGOLDRICK; and

Upon reading and filing of the Petition of JAMES ROBERT MCWILLIAM and

CATHERINE O’NEILL MCWILLIAM, as Administrators of the Estate of HENRY

EDWARD MCWILLIAM, duly verified and acknowledged on the 15th and 20th days of
February, 2019, the Affirmation of Lucille A. Fontana, Esq. of the firm of FONTANA

GIANNINI LLP, attorneys for Plaintiffs-Administrators dated the 20th day of February,

2019, and upon all the exhibits annexed thereto for leave to compromise the causes of

action for personal injuries and wrongful death pursuant to EPTL § 5-4.6 for the total

sum of $500,000.00;

NOW, on the motion of JAMES ROBERT MCWILLIAM and CATHERINE

O’NEILL MCWILLIAM, as Administrators of the Estate of HENRY EDWARD

MCWILLIAM, it is

ORDERED that the settlement of the claim and causes of action of

against Defendants CONSTELLATIONS RECOVERY LLC, COMPASS

WESTCHESTER LLC, THOMAS McCROSSAN, MARK McGOLDRICK, DEVIN

McCROSSAN and PATRICK McGOLDRICK be settled in the amount of FIVE

HUNDRED THOUSAND ($500,000.00) DOLLARS, is approved pursuant to EPTL § 5-

4.6 and it is further;

ORDERED that the settlement be deemed adequate as against said Defendants

and in the best interest of the Estate; and it is further

ORDERED that JAMES ROBERT MCWILLIAM and CATHERINE O’NEILL

MCWILLIAM are authorized to enter into a settlement of the within action against the

Defendants CONSTELLATIONS RECOVERY LLC, COMPASS WESTCHESTER LLC,

THOMAS McCROSSAN, MARK McGOLDRICK, DEVIN McCROSSAN and PATRICK

McGOLDRICK, in the amount of FIVE HUNDRED THOUSAND ($500,000.00)

DOLLARS, and to execute a release and other documents necessary to effectuate the

settlement; and it is further

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 ORDERED, that Defendants CONSTELLATIONS RECOVERY LLC, COMPASS

WESTCHESTER LLC, THOMAS McCROSSAN, MARK McGOLDRICK, DEVIN

McCROSSAN and PATRICK McGOLDRICK, or their insurance carrier, shall pay the

sum of FIVE HUNDRED THOUSAND ($500,000.00) DOLLARS for claims against them

arising out of the aforesaid causes of action to JAMES ROBERT MCWILLIAM and

CATHERINE O’NEILL MCWILLIAM and the firm of FONTANA GIANNINI LLP as

attorneys, within 21 days of receipt of this Order and the Release and other documents

necessary to effectuate this settlement; and it is further

ORDERED, that the settlement funds shall be held by FONTANA GIANNINI LLP

in an interest-bearing escrow account; and it is further

ORDERED, that the attorneys’ fees are fixed and allowed in the sum of ONE

HUNDRED SIXTY SIX THOUSAND SIX HUNDRED SIXTY FIVE DOLLARS

($166,665.00) and disbursements of SEVEN THOUSAND SIX HUNDRED SIXTY

THREE DOLLARS and NINETY SIX CENTS ($7,663.96) for a total of ONE HUNDRED

SEVENTY FOUR THOUSAND THREE HUNDRED TWENTY EIGHT and NINETY SIX

CENTS ($174,328.96) to be paid from the proceeds pursuant to EPTL §5.4-6; and it is

further

ORDERED, that ONE HUNDRED SEVENTY FOUR THOUSAND THREE

HUNDRED TWENTY EIGHT and NINETY SIX CENTS ($174,328.96) may be paid from

the escrow account to FONTANA GIANNINI LLP, as and for attorneys’ fees and

disbursements after submission to this Court of proof of filing with the Surrogate’s Court

a Petition for Distribution pursuant to EPTL § 5-4.6(a)(2); and it is further

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 ORDERED that the firm of FONTANA GIANNINI LLP, the attorneys for the

plaintiffs, which is to receive payment pursuant to this Order must continue to act as

attorney for the Estate until the entry of a Final Decree in the Surrogate’s Court

pursuant to EPTL §5-4.6(a)(3); and it is further

ORDERED that THREE HUNDRED TWENTY FIVE THOUSAND SIX HUNDRED

SEVENTY ONE DOLLARS and FOUR CENTS ($325,671.04) be held in the interest-

bearing escrow account for the Estate of HENRY EDWARD MCWILLIAM until there is

entry of a Final Decree directing allocation and distribution from the Surrogate’s Court

Westchester County; and it is further

ORDERED, that the rights, responsibilities and obligations of the Defendants

CONSTELLATIONS RECOVERY LLC, COMPASS WESTCHESTER LLC, THOMAS

McCROSSAN, MARK McGOLDRICK, DEVIN McCROSSAN and PATRICK

McGOLDRICK, and their insurers are extinguished and satisfied upon payment of the

sum of FIVE HUNDRED THOUSAND ($500,000.00) DOLLARS; and it is further

ORDERED, that the filing of a bond pursuant to CPLR § 1210 is dispensed with.

ENTER:

______________________________
HON. JOAN B. LEFKOWITZ

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