Iazzetti v. City of New York

Appellate Division of the Supreme Court of New York

Iazzetti v. City of New York

256 A.D.2d 140, 681 N.Y.S.2d 507, 1998 N.Y. App. Div. LEXIS 13695

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

DecidedDecember 15, 1998

StatusPublished

Cited by1 cases

This text of 256 A.D.2d 140 (Iazzetti v. City of New York) 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.

Bluebook

Iazzetti v. City of New York, 256 A.D.2d 140, 681 N.Y.S.2d 507, 1998 N.Y. App. Div. LEXIS 13695 (N.Y. Ct. App. 1998).

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Opinion

—Judgment, Supreme Court, New York County (Eugene Nardelli, J., at trial; Walter Tolub, J., on CPLR 4545 [c] motion), entered September 25, 1997, which, insofar as appealed from, reduced the jury’s awards to plaintiff for future lost earnings and future lost pension benefits by the amount plaintiff will receive from his accident disability retirement pension, thereby reducing such awards to zero, unanimously affirmed, without costs.

We agree with the IAS Court’s factual findings that the jury’s awards for future lost earnings and future lost pension benefits correspond to and are replaced by plaintiffs accident disability retirement pension, which provides three-fourths salary benefits tax free, commenced when plaintiff was removed from the City payroll as a sanitation worker, and will continue for the 21 years that plaintiff would have earned salary on the job but for the accident and for the expected ten years that he would have received an ordinary pension upon retirement (see, Oden v Chemung County Indus. Dev. Agency, 87 NY2d 81). Concur — Ellerin, J. P., Williams, Mazzarelli and Andrias, JJ.

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—Judgment, Supreme Court, New York County (Eugene Nardelli, J., at trial; Walter Tolub, J., on CPLR 4545 [c] motion), entered September 25, 1997, which, insofar as appealed from, reduced the jury’s awards to plaintiff for future lost earnings and future lost pension benefits by the amount plaintiff will receive from his accident disability retirement pension, thereby reducing such awards to zero, unanimously affirmed, without costs.

We agree with the IAS Court’s factual findings that the jury’s awards for future lost earnings and future lost pension benefits correspond to and are replaced by plaintiffs accident disability retirement pension, which provides three-fourths salary benefits tax free, commenced when plaintiff was removed from the City payroll as a sanitation worker, and will continue for the 21 years that plaintiff would have earned salary on the job but for the accident and for the expected ten years that he would have received an ordinary pension upon retirement (see, Oden v Chemung County Indus. Dev. Agency, 87 NY2d 81). Concur — Ellerin, J. P., Williams, Mazzarelli and Andrias, JJ.

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Bluebook (online)

256 A.D.2d 140, 681 N.Y.S.2d 507, 1998 N.Y. App. Div. LEXIS 13695, Counsel Stack Legal Research, https://law.counselstack.com/opinion/iazzetti-v-city-of-new-york-nyappdiv-1998.

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