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Trala v. Calloway

269 A.D.2d 806 Court N.Y. App. Div. Decision date 2000-02-16 Docket Appeal No. 3 English

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p. 806
Timothy C. Trala, Respondent-Appellant, v Cleolius Calloway, Defendant, and Bennett Electrical Contractors Corp., Appellant-Respondent and Third-Party Plaintiff. Patrick Lawler et al., Third-Party Defendants-Appellants-Respondents.
(Appeal No. 3.)
[703 NYS2d 421]

—Judgment unanimously affirmed without costs. Memorandum: Upon our review of the record, we conclude that the jury verdict does not deviate materially from what would be reasonable compensation (see, CPLR 5501 [c]). Contrary to plaintiff’s contention, Supreme Court properly determined the present value of future damages in excess of $250,000 as of the date of the jury verdict and awarded interest on the present value of the excess future

p. 807
damages as of the date of the determination of liability (see generally, Rohring v City of Niagara Falls, 84 NY2d 60 ). (Appeals from Judgment of Supreme Court, Erie County, Whelan, J. — Negligence.) Present — Green, A. P. J., Hayes, Pigott, Jr., and Scudder, JJ.

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