- 8 -
fifty (50%) percent of the legal fee. It has been
agreed by the attorneys for the plaintiffs that fifty
percent of * * * the legal fee in the amount of
$408,318.10 be waived to me towards my cause of action
for loss of services in lieu of [petitioner's]
receiving his fee.
In the Lipsig firm affirmation, the waiver is explained as
follows: "Walton Sutherland, Esq., the forwarding attorney in
this matter, has agreed to waive his share of the legal fees in
this case in Hester's behalf so that she may continue to have the
wherewithal to care for her daughter, MAUDE." Petitioner's
affirmation contains the following explanation: "Your affirmant
agrees to waive the legal fee in this matter to HESTER
SUTHERLAND, herein, towards her claim for loss of services."
Petitioner's affirmation is dated May 12, 1987.
Deposit of Proceeds Paid to Hester
Hester received two checks totaling $658,318 in discharge of
the provisions of the order to pay her $250,000 and $408,318 in
settlement of her cause of action for loss of services. Those
two checks were deposited into account number 08-057596-2 at the
East River Savings Bank, in New York City (the first account).
The first account was titled "WALTON SUTHERLAND JR OR HESTER
SUTHERLAND". It carried petitioner's Social Security number.
Between August 28, 1987, and February 2, 1988, petitioner
withdrew in excess of $150,000 from the first account. On
February 3, 1988, the first account was closed and the balance
was transferred to East River Savings Bank account number
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011