Huntley v. State

Appellate Division of the Supreme Court of New York

Huntley v. State

96 A.D.2d 724, 465 N.Y.S.2d 87, 1983 N.Y. App. Div. LEXIS 19298

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJuly 11, 1983

DocketClaim No. 62130

StatusPublished

This text of 96 A.D.2d 724 (Huntley v. State) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Huntley v. State, 96 A.D.2d 724, 465 N.Y.S.2d 87, 1983 N.Y. App. Div. LEXIS 19298 (N.Y. Ct. App. 1983).

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Opinion

— Judgment unanimously modified and, as modified, affirmed, without costs, in accordance with the following memorandum: We have reviewed the record and conclude that the damages awarded by the Court of Claims were not excessive (see Sewar v Gagliardi Bros. Serv., 69 AD2d 281, affd 51 NY2d 752). However, the court erred in reducing claimant’s special damages pursuant to CPLR 4010, by the amount of payments she received from collateral sources. This rule was intended to be restricted to findings of medical malpractice against licensed physicians and hospitals and was not meant to apply to a judgment of common-law negligence as we have here (see Siegel, 1975 Supplementary Practice Commentary, McKinney’s Cons Laws of NY, Book 7B, 1964-1982 Supp Pamp, CPLR 4010, p 59). (Appeals from judgment of Court of Claims, Lowery, J. — negligence.) Present — Callahan, J. P., Doerr, Boomer, Green and Schnepp, JJ.

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— Judgment unanimously modified and, as modified, affirmed, without costs, in accordance with the following memorandum: We have reviewed the record and conclude that the damages awarded by the Court of Claims were not excessive (see Sewar v Gagliardi Bros. Serv., 69 AD2d 281, affd 51 NY2d 752). However, the court erred in reducing claimant’s special damages pursuant to CPLR 4010, by the amount of payments she received from collateral sources. This rule was intended to be restricted to findings of medical malpractice against licensed physicians and hospitals and was not meant to apply to a judgment of common-law negligence as we have here (see Siegel, 1975 Supplementary Practice Commentary, McKinney’s Cons Laws of NY, Book 7B, 1964-1982 Supp Pamp, CPLR 4010, p 59). (Appeals from judgment of Court of Claims, Lowery, J. — negligence.) Present — Callahan, J. P., Doerr, Boomer, Green and Schnepp, JJ.

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Bluebook (online)

96 A.D.2d 724, 465 N.Y.S.2d 87, 1983 N.Y. App. Div. LEXIS 19298, Counsel Stack Legal Research, https://law.counselstack.com/opinion/huntley-v-state-nyappdiv-1983.

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