TROY BRYANT, as Administrator of the Estate of DOROTHY D. ROBERTS, Deceased, Respondent,
v.
NEW YORK CITY HEALTH AND HOSPITALS CORPORATION, Appellant.
KURT DEPRADINE, an Infant, by His Mother and Natural Guardian, ALLISON DEPRADINE, et al., Respondents,
v.
NEW YORK CITY HEALTH & HOSPITALS CORPORATION, Appellant.
Court of Appeals of the State of New York.https://leagle.com/images/logo.png
Argued June 1, 1999.
Decided July 1, 1999.
Attorney(s) appearing for the Case
Michael D. Hess, Corporation Counsel of New York City (Fay Leoussis, Pamela Seider Dolgow, Christina M. White and John Hogrogian of counsel), for appellant in the first above-entitled action.
Kramer, Dillof, Tessel, Duffy & Moore, New York City (Matthew Gaier, Norman Bard and Judith A. Livingston of counsel), for respondent in the first above-entitled action.
Fiedelman & McGaw, Jericho (Frank V. Kelly, Andrew Zajac, Carol R. Finocchio, Elizabeth Anne Bannon and Dawn C. DeSimone of counsel), and Edward A. Hayes for Defense Association of New York, Inc., amicus curiae in the first-above entitled action.
Aaronson Rappaport Feinstein & Deutsch, L. L. P., New York City (Mark J. Aaronson, Steven C. Mandell and Jennifer E. Bienstock of counsel), for FOJP Service Corporation and another, amici curiae in the first above-entitled action.
Schneider, Kleinick, Weitz, Damashek & Shoot, New York City (Brian J. Shoot, Diane Welch Bando and Gary Pillersdorf of counsel), for New York State Trial Lawyers Association, amicus curiae in the first above-entitled action.
Michael D. Hess, Corporation Counsel of New York City (Fay Leoussis, Larry A. Sonnenshein, Christina White and Mordecai Newman of counsel), for appellant in the second above-entitled action.
Kramer, Dillof, Tessel, Duffy & Moore, New York City (Matthew Gaier, Norman Bard and Thomas A. Moore of counsel), for respondents in the second above-entitled action.
Judges BELLACOSA, SMITH, LEVINE, CIPARICK, WESLEY and ROSENBLATT concur.
Court of Appeals of the State of New York.
OPINION OF THE COURT
Chief Judge KAYE.
As part of a tort reform package adopted in 1985 and 1986, the Legislature enacted structured judgment statutes, requiring the periodic payment over time of personal injury awards of more than $250,000 for losses to be incurred in the future. To this end, CPLR article 50-A (§§ 5031-5039, applicable to medical and dental malpractice actions) and CPLR article...
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