Legal Opinion
Desiderio v. Ochs
New York Court of Appeals
Decided April 8, 2003PublishedCited by 27 opinions
1Opinion of the Court
OPINION OF THE COURT
ClPARICK, J.
In Bryant v New York City Health & Hosps. Corp. (93 NY2d 592 [1999]) and earlier cases, we interpreted some of the “nuts- *165and-bolts” calculations required by the structured judgment provisions of CPLR articles 50-A and 50-B. In this medical malpractice action, defendant hospital, by its insurance carrier, claims that the legislative intent that prompted enactment of article 50-A prohibits literal application of the statute when the resulting structured judgment might exceed the jury’s future damages award. We disagree and affirm the Appellate Division order…
2Cases cited4 opinions
- Doctors Council v. New York City Employees' Retirement SystemNew York Court of Appeals · 1988
- Rohring v. City of Niagara FallsNew York Court of Appeals · 1994
- Bryant v. New York City Health & Hospitals Corp.New York Court of Appeals · 1999
- Schultz v. Harrison Radiator Division General Motors Corp.New York Court of Appeals · 1997
3Cited by27 opinions
- 49 WB, LLC v. Village of HaverstrawAppellate Division of the Supreme Court of the State of New York · 2007
- State v. ZimmerAppellate Division of the Supreme Court of the State of New York · 2009
- Toledo v. IGLESIA NI CHRISTONew York Court of Appeals · 2012
- Garrison v. LapineAppellate Division of the Supreme Court of the State of New York · 2010
- Kash v. Jewish Home & Infirmary of Rochester, N.Y., Inc.Appellate Division of the Supreme Court of the State of New York · 2009
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