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CARUSO v. LeFROIS BLDRS.

217 A.D.2d 256 (1995)

635 N.Y.S.2d 367

Anthony J. Caruso et al., Respondents, v. Russell P. LeFrois Builders, Inc., Appellant. (Appeal No. 2.)

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

November 15, 1995

Attorney(s) appearing for the Case

David B. Mahoney, Rochester (Mark J. Valerio of counsel), for appellant.

Edwin Robert Schulman, Rochester, for respondents.

PINE, J. P., LAWTON, DAVIS and BOEHM, JJ., concur.

WESLEY, J.

Defendant Russell P. LeFrois Builders, Inc. (LeFrois) appeals from a judgment following a jury verdict on damages insofar as it denied LeFrois's motion to deduct Social Security disability payments as a collateral source pursuant to CPLR 4545 (c) and established a discount rate for the damages award pursuant to CPLR 5041 (e) without a hearing.

I

In July 1991 Anthony Joseph Caruso...

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