New York Court of Appeals
Troy Bryant, as Administrator of the Estate of Dorothy D. Roberts, Deceased, Respondent v. New York City Health and…
July 1, 199993 N.Y.2d 592
Summary
The Court held that (1) annual payments under CPLR articles 50‑A and 50‑B must be based on the undiscounted future value of the remaining future damages, (2) the 4% statutory additur is to be included before calculating attorneys’ fees, and (3) Social Security survivor benefits are a collateral source that must offset the plaintiff’s award; the judgment was modified and remanded for further proceedings.