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FISHER v. QUALICO CONTR. CORP

98 N.Y.2d 534 (2002)

779 N.E.2d 178

749 N.Y.S.2d 467

MARK FISHER et al., Appellants-Respondents, v. QUALICO CONTRACTING CORP., Respondent-Appellant, et al., Respondent.

Court of Appeals of the State of New York.

Decided October 22, 2002.

Attorney(s) appearing for the Case

Stroock & Stroock & Lavan LLP, New York City (Melvin A. Brosterman, James A. Shifren and Burton N. Lipshie of counsel), and Law Office of Steven R. Goldberg (Steven R. Goldberg of counsel) for appellants-respondents.

O'Brien & Mayr, Rockville Centre (Nicholas P. Calabria and James M. O'Brien of counsel), for respondent-appellant.

Bigham Englar Jones & Houston, New York City (James S. McMahon, Steven I. Super and George Sutcliffe of counsel), for respondent.

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

OPINION OF THE COURT

Chief Judge KAYE.

The central issue before us, in a case originating with the negligent destruction by fire of plaintiffs' home, is whether a collateral source payment received by plaintiffs from their insurer corresponds to damages payable by defendants so as to require setoff under CPLR 4545 (c).

In June 1994, plaintiffs purchased an 8,000 square foot Victorian residence situated...

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