Checklist For Wrongful Death Compromise Motion {WES CWDM}

CHECKLIST FOR EPTL 5-4.6 “WRONGFUL DEATH” COMPROMISE MOTION. The CPT-ADR Part of the Westchester County Supreme Court, pursuant to the Westchester County Civil Case Management Rules, requires the filing of the documents and information set forth in 22 NYCRR 207.38 (a), (b)(1)-(6), and (d) ONLY and certain additional documents set forth in this form. Note that the information required in subsections a and b must be in contained in an affidavit of the plaintiff(s) and/or a petition verified by plaintiff(s) and notarized. The information required by subsection d must be contained in an attorney affidavit pursuant to the Rule. NOTE: Pursuant to the Westchester County Civil Case Management Rules, the CPT-ADR Part will not allocate the settlement proceeds between the cause of action of the decedent’s distributees (as defined in EPTL 5-4.4) for the decedent’s wrongful death and the decedent’s estate’s cause of action for decedent’s conscious pain and suffering. The CPT-ADR Part shall direct plaintiff(s) to file a petition for allocation and distribution of the net settlement proceeds in the Surrogate’s Court (after the payment of any liens on the estate, including funeral costs) (see EPTL 5-4.6 [a][1]-[2]). www.FormsWorkflow.com