Lehr v. City of New York
Decision Date | 30 April 1962 |
Citation | 16 A.D.2d 702,227 N.Y.S.2d 705 |
Parties | Anton LEHR, as administrator, etc., of Anton Lehr, Jr., deceased, Respondent, v. The CITY OF NEW YORK, Appellant. |
Court | New York Supreme Court — Appellate Division |
Leo A. Larkin, Corp. Counsel, New York City, for appellant; Fred Iscol, New York City, of counsel.
Holtzman, Sharf, Mackell & Hellenbrand, Kew Gardens, for respondent; John B. Cartafalsa, New York City, of counsel.
Before BELDOCK, P. J., and UGHETTA, KLEINFELD, BRENNAN and HILL, JJ.
MEMORANDUM BY THE COURT.
In an action by the administrator of a deceased policeman who had been in the defendant's employ, to recover damages for his wrongful death, the defendant appeals from so much of an order of the Supreme Court, Queens County, dated August 30, 1961, as granted plaintiff's motion to strike out for insufficiency defendant's partial defense (set forth in paragraph eighth of its answer) in mitigation of damages.
Order, insofar as appealed from, affirmed, with ten dollars costs and disbursements.
As a partial defense, defendant pleaded that one of the intestate's dependents has received and is receiving a pension from the Police Pension Fund; that another one of his dependents has received the contributions made by him (the intestate) to the Pension Fund; and that these payments should be considered in mitigation of damages.
In our opinion, the payments sought to be offset are from a collateral source; hence, they may not be taken into consideration in determining the amount of damages in this action for the intestate's wrongful death (Jennings v. United States, 4 Cir., 291 F.2d 880; United States v. Price, 4 Cir., 288 F.2d 448).
To continue reading
Request your trial-
Grynbal v. Grynbal
...626; Seidel v. Maynard, 279 App.Div. 706, 108 N.Y.S.2d 450; Lehr v. City of New York, 30 Misc.2d 953, 219 N.Y.S.2d 308, affd. 16 A.D.2d 702, 227 N.Y.S.2d 705; D'Amico v. Resnik, 22 Misc.2d 545, 197 N.Y.S.2d 826). Furthermore, it is settled that evidence of insurance proceeds paid to an inju......
-
First Small Business Inv. Corp. v. Zaretsky
...in proceedings to qualify him as surety in connection with an appeal taken by Zaret from a judgment in favor of Louis Engel & Co., Inc. (16 A.D.2d 702; Kings County Clerk's Index No. 1778--1960), he gave the following answers under oath to questions by Zaret's attorney, Mr. 'Q. You are the ......
-
Phelan v. Motor Vehicle Acc. Indemnification Corp.
...do not inure to the benefit of tort-feasors or those standing in their shoes. (Cady v. City of New York, supra; Lehr v. City of New York, 16 A.D.2d 702, 227 N.Y.S.2d 705; McGee v. Horvat, 23 A.D.2d 271, 276, 260 N.Y.S.2d 345, The statutory purpose of setting up the Motor Vehicle Accident In......
-
Szybura v. City of Elmira
...Cady v. City of New York, 19 A.D.2d 822, 243 N.Y.S.2d 661, affd. 14 N.Y.2d 660, 249 N.Y.S.2d 868, 198 N.E.2d 901; Lehr v. City of New York, 16 A.D.2d 702, 227 N.Y.S.2d 705; 25 C.J.S. Damages § 99(1)(2)(3), 13 N.Y. Jur., Damages, § 153.) However, in cases where payments are made to the injur......