FILED: ERIE COUNTY CLERK 12/06/2016 02:49 PM
` FI ED: ERIE COUNTY CLERK 12m2016 02:49 PM
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`NYSIEF DOC: NO. 115
`NYSCEF DOC. NO. 115
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`INDEX NO. 800606/2014
`INDEX NO- 800606/2014
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`R«.C«.IV«.D \iYSCEF: 12/06/ 016
`RECEIVED NYSCEF: 12/06/2016
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`STATE OF NEW YORK
`SUPREME COURT
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`: COUNTY OF ERIE
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`BRIGETTE BRZEZNIAK
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`Plaintiff
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`vs.
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`VINCENT J. SORRENTINO and
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`CITY OF BUFFALO,
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`Defendants
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`JUDGMENT
`Index #800606/2014
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`The issues in this action having been duly tried before Justice John L. Michalski and a
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`jury of six at a trial term of this Court, and plaintiff having appeared by BROWN CHIARI LLP,
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`Michael C. Scinta, Esq., Of Counsel, and defendants having been represented by Hagelin
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`Spencer, LLC, Michael T. Hagelin, Esq., Of Counsel, and the Court having presented the case to
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`a jury on a special verdict form and the jury having rendered a verdict on October 28, 2016 for
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`plaintiff against defendant for damages of $300,000.00 in past pain and suffering; and
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`$2,700,000.00 in future pain and suffering over 53.4 years [reduced to 10 years pursuant to
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`CPLR §5041(d)];
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`AND, pursuant to CPLR Section 5041(e), in determining the present value of the annuity
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`contract
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`to be purchased to provide payment of each category of future periodically paid
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`damages, the discount rate of 1.86% representing the 10-year U.S. Treasury rate on the date of
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`the jury award shall be applied to all future damages for Pain and Suffering;
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`NOW, upon the Court’s application of Article 50—13 of the New York Civil Practice Law
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`& Rules, and having so determined the present value of future payments to the Plaintiff be
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`$1,765,630.67 for future pain and suffering and with the addition of statutory interest from the
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`date of the verdict, October 28, 2016, and the Court having determined that the total present
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`value of the Judgment before interest is $3,218,563.33 it is
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`ORDERED, ADJUDGED AND DECREED that the plaintiff BRIGETTE BRZEZNIAK
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`does now recover of the defendants Vincent J. Sorrentino and City of Buffalo the sum of
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`$363,655.91 as and for past damages suffered by plaintiff BRIGETTE BRZEZNIAK in the
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`amount of $198,357.77 and the first $250,000 of the initial or threshold portion of future
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`damages as suffered by plaintiff BRIGETTE BRZEZNIAK in the amount of $165,298.14, plus
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`interest thereon at the statutory rate of 9% per annum from October 28, 2016 to December 1,
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`2016, the date of entry of the judgment herein, in the sum of $3,048.73 amounting in all to a total
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`sum of $366,704.64 , and that plaintiff has execution therefor, and it is further
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`ORDERED, ADJUDGED AND DECREBD that plaintiff BRIGETTE BRZEZNIAK
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`does now recover of defendants Vincent
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`.1. Sorrentino and City of Buffalo the sum of
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`$1,089,276.75 for the attorneys” share of damages in the amount (representing attorney’s fees for
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`Fast Pain and Suffering in the amount of $99,178.89; the first $250,000.00 of future damages in
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`the amount of $82,649.07; Future Pain and Suffering in the amount of $882,815.34; and
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`$24,633.45 as litigation expenses and disbursements), plus interest thereon at the statutory rate of
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`9% per annum from October 28, 2016 to December 1, 2016, the date of entry of the judgment
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`herein, in the amount of $9,132.02, amounting in all to a total sum of $1,098,408.77 and that
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`plaintiff shall have execution therefor, and it is further
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`ORDERED, ADIUDGED AND DECREED that the defendants. are directed to offer and
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`purchase annuity contracts from an insurance company rated A.M. Best rated A+ or better and
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`qualified by the Superintendent of Insurance of the State of New York to be approved by the
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`Court, that will provide for payment of periodic installments pursuant to CPLR § 5041 et seq. to
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`-BROWN CHIARl LLP-
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`plaintiff BRIGETTE BRZEZNIAK of the following annual payments to be paid in equal
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`monthly installments, in advance:
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`3)
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`$13,499.35 per month for 10 years, increased annually at four percent 14%!
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`to be compounded annually [pain and suffering].
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`ORDERED, ADJUDGED AND DECREED that
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`the present value of the plaintiffs
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`portion of future pain and suffering award is $1,765,630.67; and that plaintiff BRIGETTE
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`BRZEZNIAK recover interest at the statutory interest of 9% per annum on said sum computed
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`from October 28, 2016 to December 1. 2016 in the sum of $14,802.27 and that plaintiff has
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`execution therefor; and it is further
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`ORDERED, ADJUDGED AND DECREED that plaintiff BRIGETTE BRZEZNIAK
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`does now recover of the defendants Vincent J. Sorrentino and City of Buffalo costs and
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`disbursements as taxed in the sum of $1,420.00 and that plaintiff has execution therefor.
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`ORDERED, ADJUDGED AND DECREED that plaintiff BRJGETTE BRZEZNIAK
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`does now recover of defendants Vincent J. Sorrentino and City of Buffalo the sum of have a total
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`combined judgment (consisting of the above sums for past and future damages) in the amount of
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`$3,2l 8,563.33 plus interest thereon at the statutory rate of 9% per annum from October 28, 2016
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`to December 1, 2016, the date of entry of the judgment herein,
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`in the sum of in the amount of
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`$26,983.02, for a total of $3,245,546.35; together with
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`sts and disbursements as taxed by the
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`Clerk in the sum of $1,420.00, for a total judgmen
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`f $324
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`execution thereon
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`66.35 and Plaintiff having
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`leJohn 1,.
`ichalski
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`Judgment signed this Eday ofD cember, 20l6
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`GHQ!“ ' D Honor
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`Justice, Supreme Court
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`GRANTED:
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`DEC 0 6 7.016
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