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ROHRING v. NIAGARA FALLS

192 A.D.2d 228 (1993)

Eric Rohring, Respondent, et al., Plaintiff, v. City of Niagara Falls, Appellant and Third-Party Plaintiff. Falls Steel Erectors, Inc., Third-Party Defendant-Appellant. (Appeal No. 1.)

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

July 16, 1993

Attorney(s) appearing for the Case

Lustig & Brown, Buffalo (John A. Ziegler and Herbert J. Lustig of counsel), for appellant.

Herzfeld & Rubin, P. C., New York City (Raymond C. Green, Herbert Rubin, David B. Hamm, Miriam Skolnik and Noreen Giusti of counsel), for third-party defendant-appellant.

Paul William Beltz, P. C., Buffalo (Robert Nichols of counsel), for respondent.

GREEN, J. P., and LAWTON, J., concur with BOEHM, J.; PINE, J., dissents in part in a separate opinion in which BOOMER, J., concurs.

BOEHM, J.

These appeals raise issues concerning the application of CPLR article 50-B to an award of future damages after a jury trial on damages only, as well as issues concerning the conduct of the trial itself.

I

On November 20, 1986, Eric Rohring (plaintiff) was employed as an ironworker by third-party defendant, Falls Steel Erectors, Inc. (Falls Steel), on a project at a pumping station...

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