Legal Opinion
Fisher v. Qualico Contracting Corp.
New York Court of Appeals
Decided October 22, 2002PublishedCited by 53 opinions
1Opinion of the Court
OPINION OF THE COURT
Chief Judge Kaye.
The central issue before us, in a case originating with the negligent destruction by fire of plaintiffs’ home, is whether a collateral source payment received by plaintiffs from their insurer corresponds to damages payable by defendants so as to require setoff under CPLR 4545 (c).
In June 1994, plaintiffs purchased an 8,000 square foot Victorian residence situated on 1.5 acres of property in Hewlett Neck, Long Island for $1,225,000. Intending to renovate and modernize their home substantially, the Fishers hired defendant Qualico Contracting Corp. as general…
2Cases cited6 opinions
- Hartshorn v. . ChaddockNew York Court of Appeals · 1892
- Oden v. Chemung County Industrial Development AgencyNew York Court of Appeals · 1995
- Jenkins v. EtlingerNew York Court of Appeals · 1982
- Bryant v. New York City Health & Hospitals Corp.New York Court of Appeals · 1999
- Gass v. Agate Ice Cream, Inc.New York Court of Appeals · 1934
1 more not listed; retrieve them via the Exa API.
3Cited by53 opinions
- Blue Cross & Blue Shield of New Jersey, Inc. v. Philip Morris USA Inc.New York Court of Appeals · 2004
- Norcia v. Dieber's Castle Tavern, Ltd.District Court, S.D. New York · 2013
- FRANKLIN CORPORATION v. PRAHLER, JUSTIN M.Appellate Division of the Supreme Court of the State of New York · 2011
- Parkoff v. StavskyAppellate Division of the Supreme Court of the State of New York · 2013
- Shah v. 20 E. 64th St., LLCAppellate Division of the Supreme Court of the State of New York · 2021
48 more not listed; retrieve them via the Exa API.