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ANDINO v. MILLS

No. 56.

31 N.Y.3d 553 (2018)

106 N.E.3d 714

81 N.Y.S.3d 331

2018 NY Slip Op 04273

NIURKA ANDINO, Respondent-Appellant, v. RONALD MILLS et al., Appellants-Respondents. (And a Third-Party Action.)

Court of Appeals of New York.

Decided June 12, 2018.

Attorney(s) appearing for the Case

Lawrence Heisler, New York City Transit Authority, Brooklyn (Timothy J. O'Shaughnessy of counsel), for appellants-respondents.

Sullivan Papain Block McGrath & Cannavo P.C., New York City (Brian J. Shoot of counsel), and Dansker & Aspromonte Associates, New York City (Paul Dansker of counsel), for respondent-appellant.

Zachary W. Carter, Corporation Counsel, New York City (Julie Steiner, Richard Dearing and Scott Shorr of counsel), for City of New York, amicus curiae.

OPINION OF THE COURT

The common question presented in these cross appeals is whether a retired New York City police officer's accident disability retirement (ADR) benefits are a collateral source that a court must offset against the injured retiree's jury award for future lost earnings and pension. We hold that ADR benefits...

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