GARDNER v. STATE OF NEW YORK

109520

43 Misc.3d 211 (2013)

978 N.Y.S.2d 736

2013 NY Slip Op 23453

BRANDON WILLIAM GARDNER, Individually and as Administrator with Will Annexed of the Estate of WILLIAM G. GARDNER, Deceased, et al., Claimants, v. STATE OF NEW YORK, Defendant.

Court of Claims.

Decided November 26, 2013.


Attorney(s) appearing for the Case

Eric T. Schneiderman , Attorney General ( Patricia M. Bordonaro of counsel), for defendant.

Anthony F. Endieveri for claimants.


OPINION OF THE COURT

DIANE L. FITZPATRICK, J.

The court awarded damages to claimants for decedent's personal injuries and on behalf of decedent's distributees for his wrongful death in an amended decision dated November 19, 2012.1 Pursuant to CPLR 4545, defendant requested a collateral source hearing which was held on May 30, 2013. The court has considered the testimony, exhibits,...

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