SAMUEL DESIDERIO, an Infant, by His Mother and Natural Guardian, GALE ORGANIST, Respondent,
v.
ROBERT L. OCHS et al., Defendants, and
NEW YORK HOSPITAL, Appellant.
Court of Appeals of the State of New York.https://leagle.com/images/logo.png
Argued February 12, 2003.
Decided April 8, 2003.
Attorney(s) appearing for the Case
Phillips Nizer LLP, New York City (Stuart A. Summit, James S. Frank, Judith S. Roth and Jeffrey L. Shore of counsel), for appellant.
Kramer, Dillof, Livingston & Moore, New York City (Matthew Gaier, Thomas A. Moore and Norman Bard of counsel), for respondent.
Eliot Spitzer, Attorney General, New York City (David Lawrence III, Daniel Smirlock and Michael S. Buskus of counsel), in his statutory capacity under Executive Law § 71.
Fager & Amsler, Syracuse (Frances A. Ciardullo of counsel), for Medical Liability Mutual Insurance Company, Inc., amicus curiae.
Shaub, Ahmuty, Citrin & Spratt, LLP, Lake Success (Steven J. Ahmuty, Jr., of counsel), for FOJP Service Corporation and another, amici curiae.
Paul M. Duffy, New York City, Mauro Goldberg & Lilling LLP, Great Neck (Barbara D. Goldberg and Kenneth Mauro of counsel), and Fiedelman & McGaw, Jericho (Andrew Zajac of counsel), for Defense Association of New York, Inc., amicus curiae.
Michael A. Cardozo, Corporation Counsel, New York City (Fay Leoussis, Pamela Seider Dolgow, Margaret G. King, Christina M. White and John Hogrogian of counsel), for City of New York and another, amici curiae.
Wilson, Elser, Moskowitz, Edelman & Dicker, LLP, Albany (Philip Rosenberg and Laurie T. Cohen of counsel), for Healthcare Association of New York State and others, amici curiae.
Susan C. Waltman, New York City, for Greater New York Hospital Association, amicus curiae.
Jeffrey A. Lichtman, New York City, and Pollack, Pollack, Isaac & De Cicco (Brian J. Isaac and Brian Shoot of counsel) for New York State Trial Lawyers' Association, amicus curiae.
Chief Judge KAYE and Judges SMITH, WESLEY and GRAFFEO concur with Judge CIPARICK; Judges ROSENBLATT and READ concur in result in separate concurring opinions.
Court of Appeals of the State of New York.
OPINION OF THE COURT
CIPARICK, J.
In Bryant v New York City Health & Hosps. Corp. (93 N.Y.2d 592 [1999]) and earlier cases, we interpreted some of the "nuts-and-bolts" calculations required by the structured judgment provisions of CPLR articles 50-A and 50-B. In this medical malpractice action, defendant hospital, by its insurance carrier, claims that the legislative...
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