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ANDINO v. MILLS

No. 56.

31 N.Y.3d 553 (2018)

106 N.E.3d 714

81 N.Y.S.3d 331

2018 NY Slip Op 04273

NIURKA ANDINO, Respondent-Appellant, v. RONALD MILLS et al., Appellants-Respondents. (And a Third-Party Action.)

Court of Appeals of New York.

Decided June 12, 2018.

Attorney(s) appearing for the Case

Lawrence Heisler , New York City Transit Authority, Brooklyn ( Timothy J. O'Shaughnessy of counsel), for appellants-respondents.

Sullivan Papain Block McGrath & Cannavo P.C., New York City ( Brian J. Shoot of counsel), and Dansker & Aspromonte Associates, New York City ( Paul Dansker of counsel), for respondent-appellant.

Zachary W. Carter , Corporation Counsel, New York City ( Julie Steiner , Richard Dearing and Scott Shorr of counsel), for City of New York, amicus curiae.

OPINION OF THE COURT

The common question presented in these cross appeals is whether a retired New York City police officer's accident disability retirement (ADR) benefits are a collateral source that a court must offset against the injured retiree's jury award for future lost earnings and pension. We hold that ADR benefits...

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