Firmes v. Chase Manhattan Automotive Finance Corp.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Dillon, J.
In Kihl v Pfeffer (47 AD3d 154 [2007]), this Court analyzed in detail the “reasonable certainty” evidentiary standard of CPLR 4545 (c) that governs collateral source hearings. In Kihl, we did not have an opportunity to address the circumstances under which defendants become entitled to posttrial collateral source hearings. Little has been written by the Appellate Divisions regarding the collateral source affirmative defense, discovery, the timing of hearing requests, and the nature of proof required upon motion for a hearing to be granted. The instant appeal…
2Cases cited82 opinions
- Cohen v. Hallmark Cards, Inc.New York Court of Appeals · 1978
- Riggs v. . PalmerNew York Court of Appeals · 1889
- People v. MendozaNew York Court of Appeals · 1993
- Feldsberg v. NitschkeNew York Court of Appeals · 1980
- Barker v. KallashNew York Court of Appeals · 1984
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- In Re Methyl Tertiary Butyl Ether (" Mtbe") ProductsDistrict Court, S.D. New York · 2009
- Stolowski v. 234 East 178th Street LLCAppellate Division of the Supreme Court of the State of New York · 2011
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