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Rosenblyum v. Liberty Sorting, Inc.

Appellate Division of the Supreme Court of New York, Second Department
May 10, 1999
261 A.D.2d 466 (N.Y. App. Div. 1999)

Opinion

May 10, 1999

Appeal from the Supreme Court, Kings County (Shaw, J.).


Ordered that the order is affirmed, with costs.

In support of their motion, inter alia, pursuant to CPLR 4545 (c), the appellants failed to proffer any competent evidence that the jury's award of damages to the plaintiff for past economic loss should be reduced due to compensation for the same injuries already received by him from a collateral source ( see, Faas v. State of New York, 249 A.D.2d 731; Adamy v. Ziriakus, 231 A.D.2d 80, affd 92 N.Y.2d 396). Thus, that branch of the appellants' motion was properly denied.

The appellants' remaining contentions are either improperly raised for the first time on appeal or without merit.

O'Brien, J. P., Ritter, Joy, Altman and Smith, JJ., concur.


Summaries of

Rosenblyum v. Liberty Sorting, Inc.

Appellate Division of the Supreme Court of New York, Second Department
May 10, 1999
261 A.D.2d 466 (N.Y. App. Div. 1999)
Case details for

Rosenblyum v. Liberty Sorting, Inc.

Case Details

Full title:VICTOR ROSENBLYUM, Respondent v. LIBERTY SORTING, INC., et al., Appellants…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: May 10, 1999

Citations

261 A.D.2d 466 (N.Y. App. Div. 1999)
690 N.Y.S.2d 116

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