Legal Opinion

Schmidt v. Buffalo General Hospital

New York Supreme Court

Decided August 23, 1999Published

1Opinion of the Court

OPINION OF THE COURT

Kevin M. Dillon, J.

Defendants Buffalo General Hospital and Drs. Canver and Guanzon move for an order pursuant to CPLR 4545 (a) reducing that portion of plaintiff’s award for past and future lost earnings by collateral sources. Counsel have agreed that no hearing is necessary as defendants accepted the documentation attached as exhibits to plaintiff’s papers, which include plaintiff’s notice of award from the Social Security Administration, retirement, survivors and disability insurance. The notice of award states that plaintiff is entitled to receive monthly retirement…

2Cases cited4 opinions

  1. Oden v. Chemung County Industrial Development AgencyNew York Court of Appeals · 1995
  2. Caruso v. Russell P. LeFrois Builders, Inc.Appellate Division of the Supreme Court of the State of New York · 1995
  3. Beck v. Albany Medical Center HospitalAppellate Division of the Supreme Court of the State of New York · 1993
  4. Cagatay v. Caledonian HospitalAppellate Division of the Supreme Court of the State of New York · 1987

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