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STOLOWSKI v. 234 EAST 178TH STREET LLC

6052N, 8850/05, 894/06, 6053N.

89 A.D.3d 549 (2011)

933 N.Y.S.2d 232

2011 NY Slip Op 8222

EUGENE STOLOWSKI et al., Plaintiffs, and EILEEN BELLEW, Individually and as Administratrix of the Estate of JOHN G. BELLEW, Deceased, et al., Respondents, v. 234 EAST 178TH STREET LLC, Appellant, et al., Defendant. EUGENE STOLOWSKI et al., Respondents, v. 234 EAST 178TH STREET, LLC, Appellant, et al., Defendant. (And Other Actions.)

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

Decided November 15, 2011.

Defendant bears the burden of establishing by clear and convincing evidence that it is entitled to an offset for any collateral source payment that represents reimbursement for a category of loss that corresponds to a category of loss for which damages are awarded in this action (see CPLR 4545; Oden v Chemung County Indus. Dev. Agency, 87 N.Y.2d 81 [1995]). Thus, disclosure of the death benefits that were or will be received...

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