Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Stewart v. New York City Transit Authority

Supreme Court, Bronx County

November 10, 2015

Shelton Stewart, Plaintiff,
v.
New York City Transit Authority, Defendant.

          Counsel for Plaintiffs: Sonin & Genis (Robert Genis, Esq.)

          Counsel for Defendants: Lawrence Heisler (Timothy J. O'Shaughnessy, Esq.)

          Mary Ann Brigantti, J.

         The 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:

         Papers Submitted/Numbered

         Pl.'s Supplemental Affirmation in Support of Motion, Exhibits 1, 2

         Def.'s Aff. In Opp., Exhibits 3, 4

         Pl.'s Supplemental Reply Aff. 5

         Upon 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.

         I. Background

         The 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, ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.