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BURNS v. VARRIALE

9 N.Y.3d 207 (2007)

879 N.E.2d 140

849 N.Y.S.2d 1

OWEN F. BURNS III et al., Appellants, v. JAMES R. VARRIALE JR., Defendant, and ST. PAUL/TRAVELERS INSURANCE COMPANY, Respondent. (And a Related Proceeding.)

Court of Appeals of the State of New York.

Decided October 11, 2007.

Attorney(s) appearing for the Case

O'Connell and Aronowitz, Albany (Cornelius D. Murray and Robyn B. Nicoll of counsel), for appellants.

Sullivan Cunningham Keenan Mraz Oliver & Violando, LLP, Albany (Michael D. Violando of counsel), for James R. Varriale, Jr., and another, defendant and respondent.

Melissa A. Day, New York City, and Steven M. Licht for Special Funds Conservation Committee, respondent.

Grey & Grey, LLP, Farmingdale (Robert E. Grey of counsel), for Injured Workers' Bar Association, amicus curiae.

Chief Judge KAYE and Judges CIPARICK, GRAFFEO, READ, SMITH and PIGOTT concur.

OPINION OF THE COURT

JONES, J.

In this proceeding to extinguish a lien asserted pursuant to Workers' Compensation Law § 29, we conclude, as did the Appellate Division, that the value of future workers' compensation benefits for a claimant with a nonschedule permanent partial disability is speculative, that the present value of these benefits cannot be ascertained at the time claimant recovers damages...

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