FRENCH v. SCHIAVO


63 A.D.3d 403 (2009)

880 N.Y.S.2d 628

CAROLYN THOMAS FRENCH, Appellant, v. ALFRED L. SCHIAVO et al., Respondents.

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

Decided June 2, 2009.


The parties' stipulation to the fair and reasonable value of past medical expenses in the amount of $166,371.63 should be enforced (see Sanfilippo v City of New York, 272 A.D.2d 201 [2000], lv dismissed 95 N.Y.2d 887 [2000]).

In light of the fact that plaintiff did not become eligible for disability payments from Social Security and Aetna until after the first trial of this action and the limited discovery afforded...

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