Counsel for Plaintiffs: Sonin & Genis (Robert Genis,
Counsel for Defendants: Lawrence Heisler (Timothy J.
Ann Brigantti, J.
following papers numbered 1 to 5 read on the below motion
noticed on _________, and duly submitted on the Part IA15
Motion calendar of May 1, 2015:
Supplemental Affirmation in Support of Motion, Exhibits 1, 2
Aff. In Opp., Exhibits 3, 4
Supplemental Reply Aff. 5
the foregoing papers, and on remittal from the Appellate
Division, First Department, the plaintiff Shelton Stewart
cross-moves for (1) acceleration of the further amended
judgment entered in this matter, with interest, and (2) the
imposition of sanctions, costs, and attorneys' fees
against the defendant, New York City Transit Authority. The
defendant opposes the cross-motion.
issue presented to the Court is whether the plaintiff
/claimants are entitled to acceleration of all future annuity
payments from the defendant, under CPLR 5044, representing
the future damages portion of a judgment the plaintiff
obtained against the defendant after a jury trial. On
December 19, 2007, a jury returned a verdict in this slip and
fall personal injury action in favor of the plaintiff against
the defendant. On May 7, 2009, a judgment was entered against
the defendant as follows:
$2, 000, 000 for past pain and suffering;
$400, 000 for past loss of earnings;
$2, 700, 000 for future pain and suffering, ...