New York State Court of Claims

New York State Court of Claims

KWARTLER v. THE STATE OF NEW YORK, #2002-010-024, Claim No. 91739, Motion No. M-64874


Synopsis


Claimant's motion pursuant to CPLR 4405 for clarification of a portion of this Court's Decision is denied.

Case Information

UID:
2002-010-024
Claimant(s):
JEANNE C. KWARTLER
Claimant short name:
KWARTLER
Footnote (claimant name) :

Defendant(s):
THE STATE OF NEW YORK
Footnote (defendant name) :

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
91739
Motion number(s):
M-64874
Cross-motion number(s):

Judge:
Terry Jane Ruderman
Claimant's attorney:
PATRICK H. BARTH, ESQ.
Defendant's attorney:
HON. ELIOT SPITZER
Attorney General for the State of New YorkBy: Dewey Lee, Assistant Attorney General
Third-party defendant's attorney:

Signature date:
April 29, 2002
City:
White Plains
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

The following papers numbered 1-2 were read and considered by the Court on claimant's motion pursuant to CPLR 4405 for clarification of a portion of this Court's Decision dated February 20, 2002 and filed February 28, 2002:
Notice of Motion, Attorney's Supporting Affirmation.............................................1

Defendant's Letter Dated March 18, 2002, Taking No Position on the Motion......2

This Court's Decision at page 7 provides in pertinent part:
Upon listening to the witnesses testify and evaluating all of the evidence, the Court finds that claimant had a significant medical history prior to the accident and that all of her ailments subsequent to the accident were not causally related to the 1995 fall. Rather, the fall exasperated claimant's condition to the extent that she is entitled to an award of $85,000.00 for her past pain and suffering from February 13, 1995 through April 27, 1999 (see generally, DePasquale V Klenetsky, 255 AD2d 546) and is awarded $24,000.00 for that portion of her medical costs resulting from the 1995 fall [emphasis added], for a total of $109,000.00, with interest, from June 28, 2000 (see, Dingle v Prudential Property and Casualty Ins. Co., 85 NY2d 657; Love v State of New York, 78 NY2d 540).

Claimant argues that, pursuant to CPLR 4213, this Court must specify how the $24,000.00 should be allocated to the $126,138.27 Medicare lien. Claimant cites no case law supporting this proposition and the statute is silent on this issue. This Court has complied with CPLR 4213 by specifying the allocation of special and general damages (CPLR 4213[b]).

Accordingly, claimant's motion is DENIED.


April 29, 2002
White Plains, New York

HON. TERRY JANE RUDERMAN
Judge of the Court of Claims