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FISHER v. MASCARDO

Nos. 7345, 104149/07.

94 A.D.3d 524 (2012)

942 N.Y.S.2d 332

2012 NY Slip Op 2763

DIANE FISHER, Respondent, v. TERESITA MASCARDO, Appellant.

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

Decided April 12, 2012.

In this action for recovery of damages to plaintiff's vintage and antique clothing collection, defendant failed to demonstrate by clear and convincing evidence that there was a direct, close correspondence, i.e., a match, between the collateral source payments and the items of loss to be replaced (Johnson v New York City Tr. Auth., 88 A.D.3d 321, 327-328 [2011]). Defendant failed to show a "match" on the actual value of the items...

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