SANDRA J. PAY AND PETER A. KIRISITS, JR., AS GUARDIANS &C. OF SHERILYNN MARIE
KIRISITS, RESPONDENTS, v. STATE OF NEW YORK, APPELLANT. (APPEAL NO. 1) / (AND
A SIMILAR MATTER.)
87 N.Y.2d 1011, 666 N.E.2d 172, 643 N.Y.S.2d 467 (1996).
March 28, 1996
4 No. 56(1996 NY Int. 63)
Decided March 28, 1996
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This memorandum is uncorrected and subject to revision before
publication in the New York Reports.
Michael S. Buskus, for Appellant.
Robert B. Nichols, for Respondents.
City of New York; New York State Trial Lawyers Association, amici
curiae.
MEMORANDUM:
The order of the Appellate Division insofar as appealed from should
be reversed, with costs, and the case remitted to the Court of Claims
for further proceedings in accordance with this memorandum.
This is a personal injury action on behalf of infant Sherilynn
Kirisits, who in August of 1975 was in utero when her mother, Sheryl
Kirisits, was involved in an automobile accident on a State highway.
Sheryl Kirisits spent the next several months in a coma and died the
day after giving birth. The State was found to have negligently
maintained a guardrail, causing her injuries, and her estate was
awarded $382,342.32 in damages. When the infant was ten years old, her
legal guardians brought the present suit and sought partial summary
judgment on the issue of liability, on the ground of collateral
estoppel. The Court of Claims denied claimants summary judgment, but
the Appellate Division reversed, granted their motion and remanded for
a trial on damages. After trial, the Court of Claims awarded the
infant past and future damages of $9,994,741 which was subsequently
structured by the court pursuant to CPLR Article 50-B.
Originally, the court included in the structured judgment prejudgment
interest on all damages except future damages, and it allowed interest
from July 13, 1990 (the date of the Appellate Division decision
finding liability) to January 28, 1994 (the date of entry of
judgment). Claimants, however, objected that the judgment included no
interest on future damages. After opposition by the State on the
SNIPPETS:
KIRISITS, RESPONDENTS, v.
This memorandum is uncorrected and subject to revision before publication in the New York
Robert B. Nichols, for Respondents.
City of New York; New York State Trial Lawyers Association,
The order of the Appellate Division insofar as appealed from should be reversed, with costs,
This is a personal injury action on behalf of infant Sherilynn Kirisits, who in August of
When the infant was ten years old, her legal guardians brought the present suit and sought
The Court of Claims denied claimants summary judgment, but the Appellate Division reversed,
After trial, the Court of Claims awarded the infant past and future damages of $9,994,741
Originally, the court included in the structured judgment prejudgment interest on all damages
After opposition by the State on the point, the Court of Claims directed amendment of the
CPLR 5001, 5002 and 5003 set forth the interest requirements for three distinct periods:
Love v State of New York (78 NY2d 540, 544) established that "in a bifurcated personal injury
Subsequently, in Milbrandt v AP Green Refractories Co., a wrongful death action, we
Similarly in Rohring we noted that "the future damages here were properly treated as a debt
claimants have adduced no reason why the avoidance of an interest windfall should not apply
Chief Judge Kaye and Judges Simons, Titone, Bellacosa, Smith, Levine and Ciparick concur.
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