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Munoz v. New York City Health & Hospitals Corp.

265 A.D.2d 187, 696 N.Y.S.2d 435, 1999 N.Y. App. Div. LEXIS 10171
CourtAppellate Division of the Supreme Court of the State of New York
DecidedOctober 12, 1999
StatusPublished

This text of 265 A.D.2d 187 (Munoz v. New York City Health & Hospitals Corp.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Munoz v. New York City Health & Hospitals Corp., 265 A.D.2d 187, 696 N.Y.S.2d 435, 1999 N.Y. App. Div. LEXIS 10171 (N.Y. Ct. App. 1999).

Opinion

—Judgment, Supreme Court, New York County (Carol Arber, J.), entered October 28, 1997, upon a jury verdict, in an action for personal injuries arising out of medical malpractice, awarding plaintiff damages structured pursuant to CPLR article 50-A, and bringing up for review an order, same court (Richard Braun, J.), entered July 10, 1997, which, inter alia, determined that plaintiffs annuity payments were to based on the future, undiscounted value of the jury’s award after deducting the first $250,000 and reducing for attorneys’ fees, unanimously affirmed, without costs. Appeal from order unanimously dismissed, without costs, as subsumed within the appeal from the ensuing judgment.

The trial court properly determined that the annuity payments should be based on the future, undiscounted value of the jury’s award after deducting the first $250,000 and reducing for attorneys’ fees (see, CPLR 5031 [e]; Fisk v City of New York, 256 AD2d 167, 167-168, citing Bryant v New York City Health & Hosps. Corp., 250 AD2d 797, mod on other grounds 93 NY2d 592; Rohring v City of Niagara Falls, 192 AD2d 228, 232, affd 84 NY2d 60; see also, Schultz v Harrison Radiator Div. Gen. Motors Corp., 90 NY2d 311). Concur — Sullivan, J. P., Nardelli, Mazzarelli, Rubin and Andrias, JJ.

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Related

Schultz v. Harrison Radiator Division General Motors Corp.
683 N.E.2d 307 (New York Court of Appeals, 1997)
Bryant v. New York City Health & Hospitals Corp.
716 N.E.2d 1084 (New York Court of Appeals, 1999)
Rohring v. City of Niagara Falls
638 N.E.2d 62 (New York Court of Appeals, 1994)
Rohring v. City of Niagara Falls
192 A.D.2d 228 (Appellate Division of the Supreme Court of New York, 1993)
Bryant v. New York City Health & Hospitals Corp.
250 A.D.2d 797 (Appellate Division of the Supreme Court of New York, 1998)
Fisk v. City of New York
256 A.D.2d 167 (Appellate Division of the Supreme Court of New York, 1998)

Cite This Page — Counsel Stack

Bluebook (online)
265 A.D.2d 187, 696 N.Y.S.2d 435, 1999 N.Y. App. Div. LEXIS 10171, Counsel Stack Legal Research, https://law.counselstack.com/opinion/munoz-v-new-york-city-health-hospitals-corp-nyappdiv-1999.