Ventriglio v. Active Airport Service Inc.

Appellate Division of the Supreme Court of New York

Ventriglio v. Active Airport Service Inc.

257 A.D.2d 657, 682 N.Y.S.2d 915, 1999 N.Y. App. Div. LEXIS 609

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

DecidedJanuary 25, 1999

StatusPublished

Cited by3 cases

This text of 257 A.D.2d 657 (Ventriglio v. Active Airport Service Inc.) 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

Ventriglio v. Active Airport Service Inc., 257 A.D.2d 657, 682 N.Y.S.2d 915, 1999 N.Y. App. Div. LEXIS 609 (N.Y. Ct. App. 1999).

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Opinion

—In an action to recover damages for personal injuries, the defendants appeal, as limited by their brief, from so much of an order of the Supreme Court, Kangs County (Spodek, J.), dated December 2, 1997, as denied that branch of their motion which was pursuant to CPLR 4545 to offset a judgment against them because of collateral source payments.

Ordered that the order is affirmed insofar as appealed from, with costs.

Contrary to the appellants’ contention, their failure to timely [658]*658request a collateral source hearing constituted a waiver of their right to seek an offset for collateral source payments. In any event, the record does not support the conclusion that the plaintiffs received any benefits from a collateral source which would be deductible from the award (see, Hill v Muchow, 178 AD2d 954). Joy, J. P., Krausman, Florio and Luciano, JJ., concur.

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—In an action to recover damages for personal injuries, the defendants appeal, as limited by their brief, from so much of an order of the Supreme Court, Kangs County (Spodek, J.), dated December 2, 1997, as denied that branch of their motion which was pursuant to CPLR 4545 to offset a judgment against them because of collateral source payments.

Ordered that the order is affirmed insofar as appealed from, with costs.

Contrary to the appellants’ contention, their failure to timely [658]*658request a collateral source hearing constituted a waiver of their right to seek an offset for collateral source payments. In any event, the record does not support the conclusion that the plaintiffs received any benefits from a collateral source which would be deductible from the award (see, Hill v Muchow, 178 AD2d 954). Joy, J. P., Krausman, Florio and Luciano, JJ., concur.

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Bluebook (online)

257 A.D.2d 657, 682 N.Y.S.2d 915, 1999 N.Y. App. Div. LEXIS 609, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ventriglio-v-active-airport-service-inc-nyappdiv-1999.

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