Malloy v. Stellar Management

Plaintiff Gerard Malloy suffered spinal injury requiring fusion surgery and resulting in complications which include constant and severe pain. As conceded by plaintiff on appeal, the award for past lost earnings was subject to a collateral source reduction of $107,038 due to Social Security disability (SSD) benefits paid to plaintiff prior to the entry of judgment (see CPLR 4545 [c]). A collateral source offset for future SSD benefits was not warranted. Defendants did not meet their burden of showing that it is “highly probable” that plaintiff will continue to be eligible for benefits (see…