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A case John Anthony Bonina
tried to a $12,000,000 verdict recently provided
the Appellate Division Second Department with
a case of first impression regarding the calculation
of damages under CPLR Article 50-A.
The Appellate Division reversed the Trial
Court and it found in favor of the Plaintiffs,
holding that a non-settling Defendant is not
entitled to a set off under CPLR 50-A based
on payment received from other settling Defendants.
They further held that each Plaintiff was
entitled to their own lump sum payment as
part of the award for future damages in accordance
with CPLR 5031(b). The Trial Court’s reduction
of the $12,000,000 verdict to $3,450,000 was
upheld.
John Bonina obtained a
$1,646,000 verdict in a failure to diagnose
Cancer case in Staten Island. The parties
later reached a confidential settlement.
In February, John Bonina presented a Lecture
at the Bay Ridge Lawyer’s Association Winter
Seminar in Atlantic City, New Jersey on Municipal
Liability and Settlement.
John Bonina was elected the President of the
Bay Ridge Lawyer’s Association the largest
neighborhood Bar Association in the State
of New York. His Term will begin in September,
2001.
Andrea E. Bonina was elected the Corresponding
Secretary of the Bay Ridge Lawyer's Association.
Her term will begin in September, 2001. |
