Wooten v. State
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Hurlbutt, J.
The central issue raised on this appeal is whether defendant’s application for a collateral source offset pursuant to CPLR 4545, couched as a motion to fix the amount thereof, was untimely because it was made for the first time after the verdict was rendered but before judgment was entered. The two further issues raised are whether a collateral source offset pursuant to CPLR 4545 must be pleaded as an affirmative defense pursuant to CPLR 3018 (b) and, if so, whether defendant is entitled to amend its answer to assert that affirmative defense. For the reasons…
2Cases cited18 opinions
- Teichman v. Community Hospital of Western SuffolkNew York Court of Appeals · 1996
- Whalen v. Kawasaki Motors Corp.New York Court of Appeals · 1998
- Caruso v. Russell P. LeFrois Builders, Inc.Appellate Division of the Supreme Court of the State of New York · 1995
- L. Smirlock Realty Corp. v. Title Guarantee Co.Appellate Division of the Supreme Court of the State of New York · 1983
- D'Antoni v. GoffAppellate Division of the Supreme Court of the State of New York · 1976
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3Cited by14 opinions
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- In Re September 11 LitigationDistrict Court, S.D. New York · 2009
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