VIRKLER v. SHOCKNEY


178 A.D.2d 966 (1991)

Joseph P. Virkler, Respondent, v. Steven Shockney et al., Individually and Doing Business as A & S Contracting, Appellants

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

December 26, 1991


Order and judgment unanimously affirmed with costs.

Memorandum:

We conclude that the jury's award of damages did not "deviat[e] materially from what would be reasonable compensation" (CPLR 5501 [c]) for the severe injuries and disability sustained by plaintiff. The trial court did not err by failing to hold a collateral source hearing with respect to the award for loss of earnings (see, CPLR 4545 [c]). Following announcement of the verdict, the court...

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