Munoz v. New York City Health & Hospitals Corp.

Appellate Division of the Supreme Court of New York

Munoz v. New York City Health & Hospitals Corp.

271 A.D.2d 373, 706 N.Y.S.2d 429, 2000 N.Y. App. Div. LEXIS 4568

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 27, 2000

StatusPublished

Cited by1 cases

This text of 271 A.D.2d 373 (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., 271 A.D.2d 373, 706 N.Y.S.2d 429, 2000 N.Y. App. Div. LEXIS 4568 (N.Y. Ct. App. 2000).

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Opinion

—Order, Supreme Court, New York County (Stanley Sklar, J.), entered April 13, 1999, which denied defendant’s motion to modify the structured medical malpractice judgment [374]*374by reducing the amounts therein to reflect the death of the infant judgment creditor, and order, same court and Justice, entered June 18, 1999, which, sua sponte, amended the prior order to reflect a proper reference to CPLR article 50-A, unanimously affirmed, without costs.

Judiciary Law § 474-a and CPLR 5031 (c) and (e) require a lump sum payment of attorney’s fees to be calculated on the basis of the present value of the annuity structured from the verdict, and the death of the judgment creditor prior to the completion of the judgment term, while terminating defendant’s obligation to make payments of certain future damages, does not require recalculation of the award of attorney’s fees (CPLR 5035 [a], [b]). Concur — Sullivan, P. J., Nardelli, Tom and Wallach, JJ. [See, 180 Misc 2d 527.]

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—Order, Supreme Court, New York County (Stanley Sklar, J.), entered April 13, 1999, which denied defendant’s motion to modify the structured medical malpractice judgment [374]*374by reducing the amounts therein to reflect the death of the infant judgment creditor, and order, same court and Justice, entered June 18, 1999, which, sua sponte, amended the prior order to reflect a proper reference to CPLR article 50-A, unanimously affirmed, without costs.

Judiciary Law § 474-a and CPLR 5031 (c) and (e) require a lump sum payment of attorney’s fees to be calculated on the basis of the present value of the annuity structured from the verdict, and the death of the judgment creditor prior to the completion of the judgment term, while terminating defendant’s obligation to make payments of certain future damages, does not require recalculation of the award of attorney’s fees (CPLR 5035 [a], [b]). Concur — Sullivan, P. J., Nardelli, Tom and Wallach, JJ. [See, 180 Misc 2d 527.]

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Bluebook (online)

271 A.D.2d 373, 706 N.Y.S.2d 429, 2000 N.Y. App. Div. LEXIS 4568, Counsel Stack Legal Research, https://law.counselstack.com/opinion/munoz-v-new-york-city-health-hospitals-corp-nyappdiv-2000.

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