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GRIFFIN v. YONKERS

22851/2004

26 Misc.3d 917 (2009)

2009 NY Slip Op 29515

891 N.Y.S.2d 896

DERIK GRIFFIN et al., Plaintiffs, v. RICHARD A. YONKERS et al., Defendants.

Supreme Court, Bronx County.

Decided December 21, 2009.

Attorney(s) appearing for the Case

Picciano & Scahill, P.C., Westbury (Timothy F. X. Jones of counsel), for Richard A. Yonkers, defendant.

Daniel P. Buttafuoco & Associates, P.L.L.C., Woodbury (James S. McCarthy of counsel), for plaintiffs.

OPINION OF THE COURT

LUCINDO SUAREZ, J.

Review of defendant Richard A. Yonkers's motion pursuant to CPLR 4545 (c)1 for a collateral source setoff with respect to the jury verdict concerning loss of earnings and medical expenses; and same defendant's order to show cause to stay entry of the judgment pursuant to CPLR 2201 until defendant's motion pursuant to CPLR 4545 (c) for a collateral source hearing is determined.

The...

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