Legal Opinion
Oden v. Chemung County Industrial Development Agency
New York Court of Appeals
Decided November 30, 1995PublishedCited by 93 opinions
1Opinion of the Court
OPINION OF THE COURT
Titone, J.
CPLR 4545 (c) authorizes the court in a personal injury action to reduce the amount of the plaintiff’s award if it finds that any element of the economic loss encompassed in the award was or will be replaced, in whole or in part, from a collateral source. The issue before us on this appeal is whether the economic loss portion of an award should be reduced by the proceeds from any collateral source or whether reduction is authorized only when the collateral source payment represents reimbursement for a particular category of loss that corresponds to a category of…
2Cases cited8 opinions
- United States v. Standard Oil Co. Of CaliforniaSupreme Court of the United States · 1947
- Merritt Hill Vineyards Inc. v. Windy Heights Vineyard, Inc.New York Court of Appeals · 1984
- Hecht v. City of New YorkNew York Court of Appeals · 1983
- Healy v. RennertNew York Court of Appeals · 1961
- Bayswater Health Related Facility v. KaragheuzoffNew York Court of Appeals · 1975
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3Cited by93 opinions
- Inchaustegui v. 666 5th Avenue Ltd. PartnershipNew York Court of Appeals · 2001
- Bryant v. New York City Health & Hospitals Corp.New York Court of Appeals · 1999
- Fisher v. Qualico Contracting Corp.New York Court of Appeals · 2002
- Katt v. City of New YorkDistrict Court, S.D. New York · 2001
- Sass v. MTA Bus Co.District Court, E.D. New York · 2014
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