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Toledo v. Christo

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


March 2, 2010

JOSE LUIS TOLEDO, AS ADMINISTRATOR OF THE ESTATE OF JOAQUIN MARTINEZ, ETC., PLAINTIFF-RESPONDENT,
v.
IGLESIA NI CHRISTO, DEFENDANT-APPELLANT.

Judgment, Supreme Court, Bronx County (Norma Ruiz, J.), entered November 6, 2008, in a action for wrongful death, insofar as appealed from as limited by the briefs, awarding interest on future damages calculated on the value of those damages discounted to the date of death and going forward from that date to the date of the verdict, unanimously reversed, on the law, without costs, and the matter remanded for calculation of interest only on the non-lump sum portion of the future damages award going forward from the date of the verdict.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Gonzalez, P.J., Saxe, McGuire, Acosta, Abdus-Salaam, JJ.

25092/03

Interest on the award of future damages, which already had been discounted by the jury to the date of the verdict, should have been calculated only on the non-lump sum portion of the future damages award from the date of the verdict (Pay v State of New York, 87 NY2d 1011 [1996]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

20100302

© 1992-2010 VersusLaw Inc.



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