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GAMBARDELLI v. ALLSTATE DOORS

150 Misc.2d 395 (1991)

Linda Gambardelli, as Administratrix of The Estate of Richard Gambardelli, Deceased, Plaintiff, v. Allstate over-Head Garage Doors, Inc., et al., Defendants. Funtime Casino Tours of N.J., Inc., Third-Party Defendant.

Supreme Court, New York County.

October 25, 1991

Attorney(s) appearing for the Case

Sheft & Sheft (Christopher Hough of counsel), for Allstate Overhead Garage Doors, Inc., defendant. Lester Schwab Katz & Dwyer (Paul L. Kassirer and Glenn H. Shore of counsel), for Funaway Tours of N.J., Inc. and another, defendants. Klar, Piergrossi & Gallina (William A. Gallina of counsel), and Theodore H. Friedman, P. C., for plaintiff.

BRUCE McM. WRIGHT, J.

In this wrongful death action, defendants move in limine for an order precluding any testimony at trial by plaintiff's economist, regarding inflation or discount rates. Defendants point out that CPLR article 50-B, which is applicable to this action, provides for a 4% increase in each annual payment that is made pursuant to a structured judgment. Defendants contend that the 4% increase...

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