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RODD v. LUXFER USA

187 Misc.2d 341 (2000)

723 N.Y.S.2d 308

BRENDA L. G. RODD, Individually and as Executrix of DENNIS RODD, Deceased, Plaintiff, v. LUXFER USA LIMITED et al., Defendants. LUXFER USA LIMITED, Third-Party Plaintiff, v. CORAM FIRE DISTRICT, Third-Party Defendant. FIREMATIC SUPPLY CO., INC., Second Third-Party Plaintiff, v. CORAM FIRE DISTRICT, Second Third-Party Defendant.

Supreme Court, Suffolk County.

November 15, 2000.

Attorney(s) appearing for the Case

Greenfield & Hastings, Jericho (Brian J. Greenfield of counsel), for Firematic Supply Co., Inc.

Ahmuty, Demers & McManus, Albertson (Edward G. Lukoski of counsel), for Southshore Fire & Safety Equipment Distributors, Inc.

Kornfeld, Rew, Newman & Ellsworth, Suffern (Frank T. Simeone of counsel), for Coram Fire District.

Weiser & Associates, P. C., New York City (Martin J. Weiser of counsel), for plaintiff.

OPINION OF THE COURT

ALAN D. OSHRIN, J.

After a trial, a jury verdict and intermediate appeal, the plaintiff has submitted a proposed judgment. The defendants, Firematic Supply Company, Inc. and Southshore Fire and Safety Equipment Distributors, and the third-party defendant, Coram Fire District, have raised objections to the form of the judgment. The objections concern the Coram Fire District's entitlement to a collateral source setoff in the amount of...

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