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IAZZETTI v. CITY OF NEW YORK

288 A.D.2d 127 (2001)

734 N.Y.S.2d 8

MARIO IAZZETTI et al., Respondents, v. CITY OF NEW YORK, Appellant.

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

Decided November 27, 2001.

Plaintiff obtained a judgment in 1994 in a personal injury action against the City, which was also his employer. After a lengthy appellate process in which the City sought to offset pension benefits plaintiff was to receive against future damages, the Court of Appeals, in 1999, directed reinstatement of the original judgment (94 N.Y.2d 183). When plaintiff then made demand of the City for, inter alia, a lump sum payment for the annuity...

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