Opinion
May 13, 1999
Appeal from the Supreme Court, Bronx County (Bernard Burstein, J., at trial; Stanley Green, J., on certain motions after trial).
Union Hospital's motion to vacate the award of prejudgment interest as against it contained in the March 6, 1998 judgment was not procedurally defective (see, Karlin v. Bridges, 172 A.D.2d 644), and the grant thereof is affirmed.
We agree with the IAS Court that the stipulation entered into by plaintiff and Union Hospital was a covenant not to sue or enforce a judgment under General Obligations Law § 15-108, and, accordingly, NYCHHC was properly granted a credit for Union Hospital's one-third liability and can be held liable to plaintiff only for its own one-third share. However, the IAS Court erred in not reducing future damages to present value before entry of judgment. The awards of future damages that this Court previously found to be reasonable compensation ( 248 A.D.2d 307, lv denied 92 N.Y.2d 815) were not reduced to present value, and we remand the matter to Supreme Court to do so (see, Tormey v. Consolidated Edison Co., 184 A.D.2d 299).
Concur — Sullivan, J. P., Nardelli, Wallach, Andrias and Saxe, JJ.