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MONTGOMERY v. LONG ISLAND R.R. CO.

129 A.D.2d 690 (1987)

William J. Montgomery, Respondent, v. Long Island Railroad Company, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

April 20, 1987

Ordered that the judgment is affirmed, with costs.

The trial court properly precluded the defendant from introducing evidence of income benefits that the plaintiff was receiving in the form of a pension from the defendant and a disability pension from the Railroad Retirement Board. Such "collateral sources" of income may not be considered by a jury in evaluating or in mitigation of a party's claim for damages (see, e...

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