JUSTIN FIRMES, Respondent,
v.
CHASE MANHATTAN AUTOMOTIVE FINANCE CORP., et al., Appellants.
Appellate Division of the Supreme Court of the State of New York, Second Department.https://leagle.com/images/logo.png
January 22, 2008.
January 22, 2008.
Attorney(s) appearing for the Case
Wilson, Elser, Moskowitz, Edelman & Dicker LLP (Shaub, Ahmuty, Citrin & Spratt, LLP, Lake Success [Steven J. Ahmuty, Jr., and Timothy R. Capowski] of counsel), for Chase Manhattan Automotive Finance Corp., appellant.
O'Connor, O'Connor, Hintz & Deveney, LLP, Melville (Robert E. O'Connor and Michael T. Reagan of counsel), for Christopher Tietjen, appellant.
Block & O'Toole (Pollack, Pollack, Isaac & De Cicco, New York City [Daniel P. O'Toole, Jeffrey A. Block and Brian J. Isaac] of counsel), for respondent.
Markowitz & Rabbach LLP, Melville (Scott Markowitz, Sherman Joyce and Shook, Hardy & Bacon LLP, Washington, D.C. [Victor E. Schwartz and Cary Silverman] of counsel), for American Tort Reform Association, amicus curiae.
CRANE, J.P., RITTER and CARNI, JJ., concur.
Appellate Division of the Supreme Court of the State of New York, Second Department.
OPINION OF THE COURT
DILLON, J.
In Kihl v Pfeffer (47 A.D.3d 154 [2007]), this Court analyzed in detail the "reasonable certainty" evidentiary standard of CPLR 4545 (c) that governs collateral source hearings. In Kihl, we did not have an opportunity to address the circumstances under which defendants become entitled to posttrial collateral source hearings. Little has been written by the Appellate Divisions...
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