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MONDA v. CITY OF NEW YORK

8428, 104884/03, 591452/03.

100 A.D.3d 414 (2012)

953 N.Y.S.2d 190

BARTOLOMEO MONDA, Respondent, v. CITY OF NEW YORK et al., Defendants. CITY OF NEW YORK, Third-Party Plaintiff, v. NORTHSTAR CONTRACTING CORP., Also Known as NORTHSTAR ELECTRICAL CONTRACTING CORP., Third-Party Defendant-Appellant. ELITE CONTRACTORS TRUST OF NY et al., Nonparty Appellants.

Appellate Division of the Supreme Court of New York, First Department.

November 8, 2012.

While plaintiff's total disability was found to have been brought about 25% by a 1998 accident and 75% by the 2002 accident at issue in this action, there is no greater presumption than in any other total disability case that his disability will change in any material way in the future (see Burns v Varriale, 9 N.Y.3d 207, 215 [2007]). Thus, the value of the future benefit to Elite from the settlement of plaintiff's claim —...

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