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STEIN v. LEVINE

8 A.D.3d 652 (2004)

779 N.Y.S.2d 556

ROBERTA STEIN et al., Respondents-Appellants, v. WILLIAM F. LEVINE et al., Appellants-Respondents.

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

June 28, 2004.

Ordered that the order is reversed insofar as appealed from, on the law, that branch of plaintiffs' motion which was to strike the affirmative defense asserting the collateral source rule pursuant CPLR 4545 (c) is denied, and that affirmative defense is reinstated; and it is further,

Ordered that the order is affirmed insofar as cross-appealed from; and it is further,

Ordered that one bill of costs is awarded to the defendants.

The plaintiff Roberta...

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