Rodgers v. 72nd Street Associates
This opinion details the court's application of CPLR article 50-B for structuring periodic payments of future damages awarded to plaintiffs Frank and Kathleen Rodgers. Following a jury verdict where the Rodgers prevailed in their accident claims against the defendant, the court addressed complex calculations for past and future pain and suffering, lost wages, and annuity losses, accounting for Mr. Rodgers' comparative negligence. Justice Solomon resolved disputes regarding the discounting of lump-sum future awards, determined attorney's fees on periodic payments, and established appropriate discount rates based on actuarial practices and Treasury note rates. The final judgment specifies the amounts for past and future damages, attorney's fees for future payments, and the present value of the annuity contract the defendant is required to purchase.