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FILED: NEW YORK COUNTY CLERK 11/19/2018 11:20 AM
`FILED: NEW YORK COUNTY CLERK 11m2018 11:20 AM
`
`NYSCEF DOC. NO. 367
`NYSCEF DOC. NO. 367
`
`13802/2009
`INDEX NO. 113802/2009
`
`INDEX NO~
`1
`
`
`
`
`R«C«IV«D NYSCEF:
`11/19/2018
`RECEIVED NYSCEF: 11/19/2018
`
`SUPREME COURT OF THE STATE OF NEW YORK
`
`NEW YORK COUNTY
`
`PRESENT:
`
`HON. MARGARET A. CHAN
`
`PART
`
`IAS MOTION 33EFM
`
`Justice
`
`"""""'""'“"""""""““"“""""'"“"""""""""""""'X
`H
`ROBERT MCCULLOUG ,
`
`INDEX NO.
`
`113802I2009
`
`MOTION DATE
`
`Plaintiff,
`
`_ V ..
`
`ONE BRYANT PARK, DURST DEVELOPMENT, LLC., TISHMAN
`CONSTRUCTION CORP., COMPONENT ASSEMBLY SYSTEMS,
`'NC"
`
`Defendant.
`
`_________________________________________________________________________________X
`
`MOTION SEQ. NO. M.
`
`AMENDED
`DECISION AND ORDER
`
`The following e-filed documents, listed by NYSCEF document number (Motion 008) 241, 242, 243, 244,
`245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 269, 271, 272, 273, 338, 339, 355
`VACATE -
`DECISION/ORDER/JUDGMENT/AWARD
`
`were read on this motion to/for
`
`.
`
`The following e-filed documents, listed by NYSCEF document number (Motion 009) 255, 256, 257, 258,
`259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 336, 337, 340, 341, 342, 343, 344, 345, 346, 347, 348,
`349, 350, 351, 353, 354, 356, 357, 358, 359
`
`were read on this motion tO/for
`
`SET ASIDE VERDICT
`
`In this personal injury action, a nine'day jury trial was held on October 2,
`2017. The jury awarded plaintiff a total sum of $3,927,046 for personal injuries and
`apportioned liability as followsi 90% to defendant One Bryant Park LLC
`(Owner)/Tishman Construction Corp. 1 (the Bryant defendants); 5% to Component
`Assembly Systems, Inc. (Component); and 5% to plaintiff. The Bryant defendants
`moved to set aside the verdict and requested a collateral source hearing pursuant to
`CPLR § 4545 in motion sequence (MS) 8. Defendant Component also moved in MS 9
`to set aside the verdict. This court rendered a Decision and Order on those motions
`dated August 10, 2018 (the Decision) that granted the motions to the extent that
`the jury’s verdict was reduced and a collateral source hearing was ordered to take
`place on October 3, 2018. After the issuance of the Decision, an error on the amount
`for future lost earnings was noted in the Decision. Additionally, after the Decision
`was rendered, the parties stipulated to a further reduction of future lost earnings,
`and the defendants agreed to Withdraw the request for a collateral source hearing.
`A copy of the stipulation is annexed to this Decision and Order. As such, this court
`amends the Decision to correct the errors and to incorporate the parties’ stipulation.
`
`' Defendants One Bryant Park LLC and Tishman Construction Corp. are represented by the same counsel.
`
`113802I2009 MCCULLOUGH, ROBERT vs. ONE BRYANT PARK
`Motion NO. 008 009
`
`Page 1 of 3
`
`10f3
`1 of 3
`
`

`

`FILED: NEW YORK COUNTY CLERK 11/19/2018 11:20 AM
`FILED: NEW YORK COUNTY CLERK 11.112018 11:20 AM
`NYSCI
`3F DOC. NO. 367
`NYSCEF DOC. NO. 367
`
`INDEX NO. 113802/2009
`INDEX NO~ 113802/2009
`
`
`
`
`
`R*.C*.IV*.D \IYSCEF:
`11/19/2018
`RECEIVED NYSCEF: 11/19/2018
`
`The Decision stated that at trial the jury returned a total award of
`$3,960,455.52, itemized as follows:
`
`$ 99,000
`future medical expenses
`$ 705,370
`lost earnings up to verdict date
`future lost earnings to age 62 (now 53) $1,000,000
`pain and suffering up to verdict date
`$1,000,000
`future pain and suffering
`$ 750,000
`(NYSCEF Doc No. 361 - Decision and Order dated August 10, 2018).
`
`The itemization did not include stipulated past medical expenses in the amount
`of $33,409.52, even though the total award accounted for that amount. Another
`error was the amount listed for “future lost earnings to age 62 (now 53)”. The court’s
`decretal paragraph stated that the jury award for future lost earnings was
`$1,058,000 for 27.3 years, and the court reduced the amount to 24.8 years.
`However, there was no dispute that the jury had reconsidered the amount for future
`lost earnings while they were still empaneled. The amount the jury awarded for
`future lost earnings was $1,372,676.00 for a period of 10.3 years (Trial Tr., pp 779'
`781). The Decision shall be amended to reflect this amount.
`
`As such, the court’s prior decision and order dated August 10, 2018, is amended
`to reflect the correct itemization of the total award of $3,960,455.52, as followsi
`
`$33,409.52
`stipulated past medical expenses
`$ 99,000
`future medical expenses
`$ 705,370
`lost earnings up to verdict date
`future lost earnings to age 62 (now 53) $1,372,676
`pain and suffering up to verdict date
`$1,000,000
`future pain and suffering
`$ 750,000
`
`In all other respects, the court adheres to the Decision.
`
`Lastly, after the Decision, on October 29, 2018, the parties executed a
`stipulation that reflected an amendment of plaintiffs future lost earnings. The
`parties agreed to reduce the future lost earnings to age 62 (now 53) by $81,674.59,
`making the total award for lost earnings $1,291,001.41. Defendants also withdrew
`their request for a collateral source hearing. The stipulation is annexed to this
`amended decision and order.
`
`Accordingly, pursuant to these corrections and the stipulation of the parties,
`the court’s decision and order dated August 10, 2018, is hereby amended in that it is
`
`“3802/2009 MCCULLOUGH, ROBERT vs. ONE BRYANT PARK
`Motion No. 008 009
`
`Page 2 of 3
`
`20f3
`2 of 3
`
`

`

`FILED: NEW YORK COUNTY CLERK 11/19/2018 11:20 AM
`FILED: NEW YORK COUNTY CLERK 11m2018 11:20 AM
`
`NYSCEF DOC. NO. 367
`NYSCEF DOC. NO. 367
`
`INDEX NO. 113802/2009
`INDEX NO~ “3802/2009
`
`
`
`
`
`RfiCflIVfiD \IYSCEF: 11/19/2018
`RECEIVED NYSCEF: 11/19/2018
`
`
`
`ORDERED that plaintiff is awarded a judgment after trial in the amount of
`$3,878,780.93, itemized as follows3
`
`stipulated past medical expenses
`o
`future medical expenses
`0
`lost earnings up to verdict date
`0
`stipulated future lost earnings
`0
`0 pain and suffering up to verdict date
`0
`future pain and suffering
`
`$ 33,409.52
`$ 99,000
`$ 705,370
`$ 1,291,001.41
`$ 1,000,000
`$ 750,000
`
`This constitutes the decision and order of the court.
`
`11/15/2018
`DATE
`
`CHECK ONE:
`
`APPLICATION:
`
`CASE DISPOSED
`
`GRANTED
`SETTLE ORDER
`
`
`
`'
`MARGARET A. CHAN, J.S.C.
`
`NON-FINAL DISPOSITION
`
`E DENIED
`
`GRANTED IN PART
`SUBMIT ORDER
`
`B OTHER
`
`CHECK IF APPROPRIATE:
`
`INCLUDES TRANSFER/REASSIGN
`
`FIDUCIARY APPOINTMENT D REFERENCE
`
`113802l2009 MCCULLOUGH, ROBERT vs. ONE BRYANT PARK
`Motion No. 008 009
`
`Page 3 of 3
`
`3of3
`3 of 3
`
`

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