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IAZZETTI v. CITY OF NY

94 N.Y.2d 183 (1999)

723 N.E.2d 81

701 N.Y.S.2d 332

MARIO IAZZETTI et al., Appellants, v. CITY OF NEW YORK, Respondent.

Court of Appeals of the State of New York.

Decided December 2, 1999.

Attorney(s) appearing for the Case

Mintz & Gold, L. L. P., New York City (Steven G. Mintz of counsel), and Koval & Rejtig, P. L. L. C., Garden City, for appellants.

Michael D. Hess, Corporation Counsel of New York City (Cheryl Payer, Steven J. McGrath and Victoria Scalzo of counsel), for respondent. I.

Judges BELLACOSA, SMITH, LEVINE, CIPARICK, WESLEY and ROSENBLATT concur.

OPINION OF THE COURT

Chief Judge KAYE.

What is the proper statutory predicate for collateral source reductions in personal injury and wrongful death actions brought by public employees against their employers? The answer turns on whether CPLR 4545 (c)—enacted after CPLR 4545 (b), and applicable to "any action brought to recover damages for personal injury"—repealed subdivision (b) by implication....

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