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DAMIANO v. EXIDE CORP.

No. 92 Civ. 1395(LBS).

970 F.Supp. 222 (1997)

Richard DAMIANO, Plaintiff, v. EXIDE CORPORATION, Defendant.

United States District Court, S.D. New York.

June 24, 1997.

Attorney(s) appearing for the Case

Robert T. Wolf, Bronx, NY, Pryor, Cashman, Sherman & Flynn, New York City (Joseph Z. Epstein, of counsel), for Plaintiff.

Ahmuty, Demers & McManus, Albertson, NY (Edward G. Lukoski, of counsel), for Defendant.

OPINION & ORDER

SAND, District Judge.

The matter before the Court entails conflicting views concerning how N.Y.C.P.L.R. Article 50-B should be applied to determine the sum of money ultimately to be paid to a plaintiff for future damages, an issue which has divided the lower courts and has not yet been definitively resolved by the New York Court of Appeals.

Plaintiff Richard Damiano ("Damiano") moves pursuant to Federal Rule of Civil Procedure...

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