Legal Opinion

Underwood v. B-E Holdings, Inc.

District Court, W.D. New York

Decided May 6, 2003No. 1:96-cv-00085Published

1Opinion of the Court

DECISION & ORDER

SKRETNY, District Judge.

INTRODUCTION

The motions currently before this Court involve the application of Article 50-B, New York’s structured judgment statute. This task is always a challenging endeavor. As the current Chief Judge of New York has noted, applying Article 50-B is “every Judge’s nightmare.” In the instant case, the analysis is further complicated by a potential conflict between the mandates of Article 50-B and the Federal Rules of Civil Procedure with respect to the entry of a judgment, as well as a dispute between the parties regarding whether post-trial discovery…

2Cases cited31 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. Bruce C. Shrader v. Csx Transportation, Inc.Court of Appeals for the Second Circuit · 1995
  3. Robert J. McCarthy v. John Manson, Commissioner of Corrections of the State of ConnecticutCourt of Appeals for the Second Circuit · 1983
  4. Danny T. Greenway v. The Buffalo Hilton Hotel, Cross-AppelleeCourt of Appeals for the Second Circuit · 1998
  5. Outley v. City of New YorkCourt of Appeals for the Second Circuit · 1988

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