Legal Opinion

Iazzetti v. City of New York

New York Court of Appeals

Decided December 2, 1999PublishedCited by 23 opinions

1Opinion of the Court

OPINION OF THE COURT

Chief Judge Kaye.

What is the proper statutory predicate for collateral source reductions in personal injury and wrongful death actions brought by public employees against their employers? The answer turns on whether CPLR 4545 (c) — enacted after CPLR 4545 (b), and applicable to “any action brought to recover damages for personal injury” — repealed subdivision (b) by implication. We conclude that there has been no implied repeal, that CPLR 4545 (b) governs and that the Appellate Division erred in applying CPLR 4545 (c) to reduce plaintiffs’ jury verdict for future lost…

2Cases cited6 opinions

  1. People v. LawrenceNew York Court of Appeals · 1984
  2. Oden v. Chemung County Industrial Development AgencyNew York Court of Appeals · 1995
  3. Consolidated Edison Co. of New York, Inc. v. Department of Environmental ConservationNew York Court of Appeals · 1988
  4. Bryant v. New York City Health & Hospitals Corp.New York Court of Appeals · 1999
  5. Alweis v. EvansNew York Court of Appeals · 1987

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

3Cited by23 opinions

  1. Inchaustegui v. 666 5th Avenue Ltd. PartnershipNew York Court of Appeals · 2001
  2. Fisher v. Qualico Contracting Corp.New York Court of Appeals · 2002
  3. Morales v. County of NassauNew York Court of Appeals · 1999
  4. Firmes v. Chase Manhattan Automotive Finance Corp.Appellate Division of the Supreme Court of the State of New York · 2008
  5. Kihl v. PfefferAppellate Division of the Supreme Court of the State of New York · 2007

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

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