Papageorgiou v Consolidated Edison Co. of N.Y., Inc.
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Papageorgiou v Consolidated Edison Co. of N.Y., Inc. 2022 NY Slip Op 33233(U) September 21, 2022 Supreme Court, New York County Docket Number: Index No. 115106/2004 Judge: Lucy Billings Cases posted with a "30000" identifier, i.e., 2013 NY Slip Op 30001(U), are republished from various New York State and local government sources, including the New York State Unified Court System's eCourts Service. This opinion is uncorrected and not selected for official publication. INDEX NO. 115106/2004 FILED: NEW YORK COUNTY CLERK 09/26/2022 04:36 PM NYSCEF DOC. NO. 83 RECEIVED NYSCEF: 09/26/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK: PART ~l ----------. - - - - - - - - - - - - .. __ ,. - .. ------:,--·--x CONSTANTINA PAPAGEORGIOU, as Special Limited Guardian of LUIS C~SAS, Index No. 115106/2004 Plaintiff DECISION AND ORDER - against CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., Defendant --------------------------------------x LUCY BILLINGS, J.S.C.: Plaintiff moves fOr CQ~rt approval of her proposed compromise order memorialiiing and finalizing the settlement of this long pending action. Nonparty American Home Assurance Co., the Workers' COmpensation•in~urer-that has paid Workers' Compensation benefits to Luis Casas, originally opposed \ .. plaintiff's motion, but stipulated to the proposed order at the hearing held June 28, 2022~ Campisi & Kates, Intervenor Schwartz, Goldstone, LLP (SGCK)_, also opposes the motion, but pursuant to the order dat~d May 12~ 2022, SGCK maintains no standing in this action fbr any purpose other than determining attorneys' fees to which SGCK is entitled. other attorneys, NYSCEF Doc. 37. No inCludiri'g Lu.;i.s·. Cai;,as's special limited guardian, who liie thJ court ·re~ieJe~ (~e lititjation expenses deducted from the settlement payable to Luis Casas, raise any issue with the papageorgiou922. [* 1] 1 . 2 of 10 FILED: NEW YORK COUNTY CLERK 09/26/2022 04:36 PM NYSCEF DOC. NO. 83 INDEX NO. 115106/2004 RECEIVED NYSCEF: 09/26/2022 proposed compromise order. Although the special .limited ~0ardian approved all the expenses, the court also reviewed them in camera to scrutinize the order's fairness and reasonableness, see C.P.L.R. §§ 1207, 1208; Jeremiah v. Dowe, 189 A.D.2d,178, 178 (1st Dep't 2001), and held a further hearing September 8, 2022, in accordance with the order dated May 12, 2022, ,where plaintiff's attorneys justified . , the expenses incurred throughout this action. The attorneys explained that their expenses arose from medical testing necessary to substantiate the brain injury sustained by Luis Casas, to pre~are both foi mediation and for trial, which This testing included Workers' Compensation did not cover. diffusion imaging, volumet~ic analyies, and projections of Luis . , Casas' s future dementia. , Plaintiff'·s attorneys incurred further expenses updating medical evaluations from 2008-2009 in 2016-2018 for hearings on the admissibility of expert evidence and to prepare for trial and for mediations that ultimately proved successful. The ~ttorneys also ietained trinslation services and experts to re-conceptualize Luis C~sas's economic damages based on his experience as an agricultural engineer in Peru, rather than in construction workf •jn whibh he'.enga~id fbr income while attending • :- ' ',,' l '•,,, • • • ., :•' '• Cornell University's' agricµ.ltural engineering program for Latin Americans. papageorgiou922 [* 2] This effort entail~d retrieving documents from South . 2 3 of 10 INDEX NO. 115106/2004 FILED: NEW YORK COUNTY CLERK 09/26/2022 04:36 PM NYSCEF DOC. NO. 83 RECEIVED NYSCEF: 09/26/2022 America and trah-sla t1rig- th.em to recOn'struct- Luis Casas' s history there and tracking down witnesses of his engineering experience and potential from Cornell University. Integral to this effort was the engagement by plaintiff's a~torneys of Case Questi Inc., a b~siness owned by one of plaintiff's attorneys. It provided non-legal services by a Peruvian biographer, a Latin American playwright, and a videographer with computer, audiovisual, and editing skills to portray Luis Casas's life-changing injuries as persuasively as possible through video summaries of six experts' testimony, assisting ~laintiff with the successful mediation. also prepared medical evaluations and exhibits. Case Quest These services are distinguishable from t~sks typically performed by a paralegal or junior associate. T6 th~ extent that plaintiff's attorneys and their staff might have partially performed these tasks, plaintiff's attorneys point out that they would have charged just as much. In sum, the medical evaluations and demonstrative evidence of Luis Casas' s lost earnings and 1·.ost enjoyment fo lif~ compiled through approximately $180,000 in'~xp~nses produced a settlement offer in 2018 increased by almost 40 times the amount of those expenses from the offer-receired in 2006. papageorgiou922 [* 3] 3 4 of 10 Therefore the court INDEX NO. 115106/2004 FILED: NEW YORK COUNTY CLERK 09/26/2022 04:36 PM NYSCEF DOC. NO. 83 RECEIVED NYSCEF: 09/26/2022 finds that all expenses incurred were in Luis Casas's best interest and approves the· accompanying proposed compromise order. DATED: September 21, 2022 .· (__ VVV'J ,/J,1~ ~ LUCY BILLINGS, J.S.C. Lucy· ~lLUNGS J;SiC papageorgiou922 [* 4] 4 5 of 10
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