MUNOZ v. NEW YORK CITY HEALTH AND HOSPITALS CORPORATION (2000)

Supreme Court, Appellate Division, First Department, New York.

Otita MUNOZ, Individually and as Administratrix of the Estate of Geor C. Munoz, Deceased, et al., Plaintiffs-Respondents, v. NEW YORK CITY HEALTH AND HOSPITALS CORPORATION, Defendant-Appellant.

Decided: April 27, 2000

SULLIVAN, P.J., NARDELLI, TOM and WALLACH, JJ.

Matthew Gaier, for Plaintiffs-Respondents. John Hogrogian, for Defendant-Appellant.

Order, Supreme Court, New York County (Stanley Sklar, J.), entered April 13, 1999, which denied defendant's motion to modify the structured medical malpractice judgment by reducing the amounts therein to reflect the death of the infant judgment creditor, and order, same court and Justice, entered June 18, 1999, which, sua sponte, amended the prior order to reflect a proper reference to CPLR article 50-A, unanimously affirmed, without costs.

Judiciary Law 474-a and CPLR 5031(c) and (e) require a lump sum payment of attorney's fees to be calculated on the basis of the present value of the annuity structured from the verdict, and the death of the judgment creditor prior to the completion of the judgment term, while terminating defendant's obligation to make payments of certain future damages, does not require recalculation of the award of attorney's fees (CPLR 5035[a] and [b] ).

MEMORANDUM DECISION.

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