Legal Opinion
Blakesley v. State
New York Court of Claims
Decided August 9, 2000No. Claim No. 89609Published
1Opinion of the Court
OPINION OF THE COURT
Donald J. Corbett, Jr., J.
This decision addresses the requirements of CPLR article 50-B concerning: (1) the deduction of litigation costs from future damages that are not reduced to present value; (2) the proper methodology for the calculation for reduction of future damages to present value; and (3) whether future economic damages should be subject to the annual 4% increase imposed by CPLR 5041 (e).
Defendant objects to claimants’ deduction of litigation expenses from the undiscounted future value of the future damages. It correctly notes that CPLR 5041 (c) requires the…
2Cases cited7 opinions
- 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
- Silvestri v. SmallbergNew York Supreme Court · 1995
- Silvestri v. SmallbergAppellate Division of the Supreme Court of the State of New York · 1996
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