Opinion
October 12, 1999
Judgment, Supreme Court, New York County (Carol Arber, J.), entered October 28, 1997, upon a jury verdict, in an action for personal injuries arising out of medical malpractice, awarding plaintiffs damages structured pursuant to CPLR Article 50-A, and bringing up for review an order, same court (Richard Braun, J.), entered July 10, 1997, which, inter alia, determined that plaintiff's annuity payments were to based on the future, undiscounted value of the jury's award after deducting the first $250,000 and reducing for attorneys' fees, unanimously affirmed, without costs. Appeal from order, unanimously dismissed, without costs, as subsumed within the appeal from the ensuing judgment.
The trial court properly determined that the annuity payments should be based on the future, undiscounted value of the jury's award after deducting the first $250,000 and reducing for attorneys' fees (see, CPLR 5031[e]; Fisk v. City of New York, 256 A.D.2d 167, 167-168, citing, Bryant v. New York City Health Hosps. Corp., 250 A.D.2d 797, mod on other grounds, 93 N.Y.2d 592; Rohring v. City of Niagara Falls, 192 A.D.2d 228, 232, aff'd 84 N.Y.2d 60; see also, Schultz v. Harrison Radiator Div. Gen. Motors Corp., 90 N.Y.2d 311).
SULLIVAN, J.P., NARDELLI, MAZZARELLI, RUBIN, ANDRIAS, JJ.