Almonte v. The City Of New York
- John Cronan
- 1:22-cv-02903
- U.S. District Court · Southern District of New York
- 2
In Almonte v. The City Of New York, Judge Cronan approved a $13,000 settlement, directing $8,161.94 for C.A. to be held until age 18.
The settlement affects C.A., Anabel Almonte, the other plaintiffs, and the named defendants. C.A. is to receive $8,161.94 plus accrued interest when C.A. turns 18, subject to the order’s provision concerning C.A.’s estate.
What happened
In Almonte v. The City Of New York, the parties settled the case, and the court considered whether approving the settlement served the best interests of the child, C.A., born in 2016.
The court authorized Anabel Almonte to settle the claims for $13,000. After $757.09 in costs and $4,080.97 in attorneys’ fees, $8,161.94 was to be deposited in an interest-bearing savings account for C.A. The money, including interest, is to be released when C.A. turns 18 in 2034, subject to the order’s provision concerning payment to C.A.’s estate if C.A. dies before then without naming a beneficiary.
Judge John P. Cronan approved the infant settlement and ordered payment of the specified costs and attorneys’ fees. The parties were directed to place the settlement agreement or dismissal paperwork on the public docket by August 22, 2024, depending on whether they wanted the court to retain jurisdiction over the settlement.
The detailed version
- Almonte v. The City Of New York · No. 1:22-cv-02903
- John Cronan
- Aug. 15, 2024
Background
The opinion is an infant compromise order in a case brought by Pedro Almonte, Heury Almonte, Genaro Almonte, Xiomara Almonte, and Anabel Almonte on behalf of her minor child, C.A., against The City Of New York, Detective Pedro Roche, and John Does 1–4. The parties had settled the case. The court reviewed declarations from Anabel Almonte and plaintiffs’ co-counsel and found that approving the proposed settlement served C.A.’s best interests.
Settlement Terms
The order authorized Anabel Almonte to settle and compromise the claims against the defendants for $13,000. The settlement was allocated as follows:
- $757.09 for costs, described as one-fifth of the total costs incurred litigating the claims for all five plaintiffs; - $4,080.97 in attorneys’ fees, equal to one-third of the $12,242.91 remaining after costs, payable to Rickner PLLC and Glenn A. Garber PC; and - $8,161.94 for C.A.
The $8,161.94 was to be deposited in an interest-bearing savings account selected by Anabel Almonte and held for C.A. The full balance, including accrued interest, is to be released to C.A. on her 18th birthday in 2034. If C.A. dies before that date without designating a beneficiary, the payment is to be made to C.A.’s estate.
Ruling and Further Filing
Judge John P. Cronan approved the infant settlement and ordered that the agreed costs and attorneys’ fees be paid. The parties were reminded that the settlement agreement must be placed on the public record for the court to retain jurisdiction over the settlement. By August 22, 2024, they were directed to file either the settlement agreement or a dismissal stipulation incorporating its terms if they wanted the court to retain jurisdiction. If they did not want continued court jurisdiction, they were advised to file a status letter or dismissal paperwork. The opinion does not describe the underlying claims or decide their merits.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.