Legal Question in Personal Injury in New York

Need to find my settlement records
In 1981 I, the plaintiff, settled a lawsuit in NY supreme court. I have recently encountered medical bills as a result of the injury associated with this lawsuit. My recollection is that the insurance company agreed to cover medical bills up to the $500,000 umbrella policy, of which there is $300,000 remaining. I need to get a copy of the settlement agreement to be able to demonstrate this to be true. Neither I, nor my parents, has a copy. My attorney has retired. Since the settlement occured during the trial and I stood in front of the judge and attested that I agreed with the T&C of the settlement, can I expect the supreme court to have a copy on file? If so, how would I go about getting a copy? There must be a copy somewhere, the insurance company is not being very supportive. Please let me know what you think.

Asked on 2/20/09, 1:57 am

5 Answers from Attorneys

David Slater David P. Slater, Esq.

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Re: Need to find my settlement records

You need to go to the court house and requisition the file. Each case has an index number.

Answered on 2/20/09, 5:25 am

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Re: Need to find my settlement records

I don't recall whether the court system was computerized as early as 1981. Hunt around at home for any piece of paper related to the case, especially one that shows the index number. The court maintains a file for all cases, organized by index number. You should find useful information there. If you find nothing at home, go to the courhouse and make friends with a clerk who can help locate the court file. Give it plenty of time. Good luck. Best, M. E. Zuller

Answered on 2/20/09, 10:28 am

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David Owens, Esq. Molod, Spitz & DeSantis

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Re: Need to find my settlement records

You can go to the courthouse and ask the Clerk's office to help you find the case information and old file - it may still exist - once the file is requisitioned the information you are seeking should be available. This is particularly true if you were a minor at the time the settlement was entered into - good luck

Answered on 2/22/09, 9:18 pm

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Andrew Barovick Andrew J. Barovick, P.C.

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Re: Need to find my settlement records

If the settlement occurred in NY County Supreme Court, begin your search at the Courthouse at 60 Centre Street, in the basement file room. You'll need to fill out a form provided there in order to make your request. Because of the year, the court file will likely have to be ordered from storage, which may take a while. If the settlement agreement is not in the file, search the file for the name of the court reporter who transcribed the settlement agreement, and try contacting him or her to see if they still have a copy of the transcript. Good luck!

Answered on 2/20/09, 2:25 pm

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