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BLAKESLEY v. STATE OF NY

186 Misc.2d 239 (2000)

717 N.Y.S.2d 455

ROBIN A. BLAKESLEY et al., Claimants, v. STATE OF NEW YORK, Defendant. (Claim No. 89609.)

Court of Claims.

August 9, 2000.

Attorney(s) appearing for the Case

Moran & Kufta, P. C. (James J. Moran of counsel), for claimants.

Eliot Spitzer, Attorney General, and Gottesman, Wolgel, Secunda, Malamy & Flynn, P. C. (Steven Weinberg of counsel), for defendant.

OPINION OF THE COURT

DONALD J. CORBETT, Jr., J.

This decision addresses the requirements of CPLR article 50-B concerning: (1) the deduction of litigation costs from future damages that are not reduced to present value; (2) the proper methodology for the calculation for reduction of future damages to present value; and (3) whether future economic damages should be subject to the annual 4% increase imposed by CPLR 5041 (e).

Defendant objects to claimants...

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