UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK
September 13, 2006
COVON MARTIN, A CHILD UNDER THE AGE OF 18 YEARS BY HIS MOTHER AND GUARDIAN KIM MARTIN; AND KIM MARTIN MOTHER AND GUARDIAN OF COVON MARTIN; PLAINTIFFS,
RICHARD W. MOSCOWITZ, M.D. AND RICHARD W. MOSCOWITZ, M.D., P.A., P.C., DEFENDANTS.
The opinion of the court was delivered by: David N. Hurd United States District Judge
DECISION and ORDER
Upon reconsideration, defendant has waived any structured judgment pursuant to N.Y. C.P.L.R. § 5031. Therefore, plaintiff's counsel's application for a higher fee is moot. Additionally, plaintiff is entitled to interest running from August 17, 2006, at the New York State rate of 9% per annum. Finally, plaintiff has accepted the remittitur, requiring amendment of the judgment.
Accordingly, it is ORDERED that
1. Defendant's motion to structure the verdict is DENIED;
2. Plaintiff's cross-motion for post-judgment interest is GRANTED and interest at the rate of 9% per annum for a total of $282,044.47 will be added to the judgment amount; and
3. Plaintiff's motion for higher attorney's fees is DENIED as moot.
The Clerk of the Court is directed to enter an amended judgment in favor of plaintiffs against defendants in the total amount of $3,182,044.47, consisting of interest in the amount of $282,044.47 and damages in the amount of $2,900,000.00 ($400,000.00 for surgeries performed; $400,000.00 for pain and suffering to the present; $1,750,000.00 for future pain and suffering; number of years 55; and $350,000.00 for future medical expenses).
IT IS SO ORDERED.
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