LIRIANO v. HOBART CORP.

No. 94 Civ. 5279 (SAS).

960 F.Supp. 43 (1997)

Luis LIRIANO, Plaintiff, v. HOBART CORPORATION, Defendant. HOBART CORPORATION, Third-Party Plaintiff, v. SUPER ASSOCIATED, Third-Party Defendant.

United States District Court, S.D. New York.

January 31, 1997.


Attorney(s) appearing for the Case

Abby J. Resnick, Trolman, Glaser & Lichtman, P.C., New York City, for Plaintiff.

Saul Wilensky, Lester Schwab Katz & Dwyer, New York City, for Defendant Hobart.

William Kimball, New York City, for Third-Party Defendant Super Associated.


OPINION AND ORDER

SCHEINDLIN, District Judge:

Following a jury award to plaintiff in the amount of $1,352,500, the parties were unable to agree on the discount rates to be applied pursuant to Article 50-B of the New York Civil Practice Law and Rules. See N.Y.C.P.L.R. § 5041 (McKinney 1992) ("Article 50-B"). For the reasons set forth below, I find that a discount rate of 5.82% should be applied to the lost wages award, 6.2% to the pain...

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