Gambardelli v. Allstate Overhead Garage Doors, Inc.

*396OPINION OF THE COURT

Bruce McM. Wright, J.

In this wrongful death action, defendants move in limine for an order precluding any testimony at trial by plaintiffs economist, regarding inflation or discount rates. Defendants point out that CPLR article 50-B, which is applicable to this action, provides for a 4% increase in each annual payment that is made pursuant to a structured judgment. Defendants contend that the 4% increase in each payment represents the Legislature’s "built in” inflation factor, and that any preverdict testimony regarding inflation would be improper.

Plaintiff vigorously…