Bailey v. State

Appeal from a judgment in favor of claimant, entered March 16, 1992, upon a decision of the Court of Claims (Lyons, J.).

The State has limited its contention on this appeal to the single issue of the effect of the common-law collateral source rule on claimant’s medical expense claims. Some of the bills for medical services rendered to claimant’s deceased husband were paid by the Medicare insurance program. The commencement of this action predates the June 28, 1986 effective date of CPLR 4545 (c) (see, L 1986, ch 220, §§ 36, 46; Scalone v Phelps Mem. Hosp. Ctr., 184 AD2d 65, 74), the statutory…