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ODEN v. CHEMUNG COUNTY IDA

87 N.Y.2d 81 (1995)

661 N.E.2d 142

637 N.Y.S.2d 670

Julius Oden, Respondent, v. Chemung County Industrial Development Agency et al., Defendants and Third-Party Plaintiffs. Streeter Associates, Inc., Third-Party Defendant-Appellant.

Court of Appeals of the State of New York.

Decided November 30, 1995.

Attorney(s) appearing for the Case

Williamson, Clune & Stevens, Ithaca (John H. Hanrahan, 3d, of counsel), for third-party defendant-appellant.

Young and Paniccia, Binghamton (Alfred Paniccia, Jr., of counsel), for respondent.

Chief Judge KAYE and Judges SIMONS, BELLACOSA, SMITH, LEVINE and CIPARICK concur.

TITONE, J.

CPLR 4545 (c) authorizes the court in a personal injury action to reduce the amount of the plaintiff's award if it finds that any element of the economic loss encompassed in the award was or will be replaced, in whole or in part, from a collateral source. The issue before us on this appeal is whether the economic loss portion of an award should be reduced by...

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