Legal Opinion

Stolowski v. 234 East 178th Street LLC

Appellate Division of the Supreme Court of the State of New York

Decided November 15, 2011PublishedCited by 8 opinions

1Opinion of the Court

Defendant bears the burden of establishing by clear and convincing evidence that it is entitled to an offset for any collateral source payment that represents reimbursement for a category of loss that corresponds to a category of loss for which damages are awarded in this action (see CPLR 4545; Oden v Chemung County Indus. Dev. Agency, 87 NY2d 81 [1995]). Thus, disclosure of the death benefits that were or will be received by plaintiffs Bellew and Meyran is material and necessary in defense of this action (see CPLR 3101). The collateral source hearing at which a defendant has the opportunity…

2Cases cited6 opinions

  1. Oden v. Chemung County Industrial Development AgencyNew York Court of Appeals · 1995
  2. Firmes v. Chase Manhattan Automotive Finance Corp.Appellate Division of the Supreme Court of the State of New York · 2008
  3. Longo v. Armor Elevator Co.Appellate Division of the Supreme Court of the State of New York · 2000
  4. Fernandez v. Higdon Elevator Co.Appellate Division of the Supreme Court of the State of New York · 1995
  5. Hyman v. Aurora Contractors, Inc.Appellate Division of the Supreme Court of the State of New York · 2002

1 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Arias v. Stonhard, Inc.Appellate Division of the Supreme Court of the State of New York · 2020
  2. Poplawski v. 111 Wall St. LLCAppellate Division of the Supreme Court of the State of New York · 2022
  3. Poplawski v. 111 Wall St. LLCAppellate Division of the Supreme Court of the State of New York · 2022
  4. Cook v. HMC Times Square Hotel, LLCAppellate Division of the Supreme Court of the State of New York · 2013
  5. Cook v. HMC Times Square Hotel, LLCAppellate Division of the Supreme Court of the State of New York · 2013

3 more not listed; retrieve them via the Exa API.

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