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SCANNAPIECO v. CITY OF NY

298 A.D.2d 81 (2002)

749 N.Y.S.2d 36

DOUGLAS SCANNAPIECO et al., Respondents, v. CITY OF NEW YORK, Appellant.

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

September 30, 2002.

Attorney(s) appearing for the Case

Michael A. Cardozo, Corporation Counsel, New York City (Fay Leoussis, Pamela Seider Dolgow and John Hogrogian of counsel), for appellant.

Schneider, Kleinick, Weitz, Damashek & Shoot, New York City (Brian J. Shoot and Diane Welch Bando of counsel), for respondents.

FRIEDMANN, J.P., SMITH and ADAMS, JJ., concur.

OPINION OF THE COURT

COZIER, J.

The issue on this appeal is one of first impression for this Court—whether a trial court is authorized to direct a defendant in a personal injury action to make an accelerated lump-sum payment of annuity benefits for future damages for the period of time from the date of the verdict through the entry of judgment. For the reasons stated herein, we conclude that annuity payments are to commence from the date of the verdict...

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