KELLY v. SEAGER


163 A.D.2d 877 (1990)

Parker Kelly et al., Respondents, v. Diane Seager, Appellant, et al., Defendants

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

July 13, 1990


Order unanimously affirmed with costs.

Memorandum:

The collateral source rule set forth in CPLR 4545 (c) does not apply to subrogation actions seeking to recover moneys paid by an insurer on a fire loss. The purpose of the statutory collateral source rule is to prevent multiple recoveries for the same loss by an injured party (see generally, 5 Weinstein-Korn-Miller, NY Civ Prac ¶ 4545.01). That purpose would not be served by its application to...

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