Ventriglio v. Active Airport Serv. Inc., 257 A.D.2d 657 (N.Y. App. Div. 1999). · Go Syfert
Search
Ventriglio v. Active Airport Serv. Inc., 257 A.D.2d 657 (N.Y. App. Div. 1999). Cases Citing This Book View Copy Cite
3 citation events across 2 distinct courts.
Strongest positive: Bongiovanni v. Staten Island Medical Group, P. C. (nysupct, 2001-04-27)
Top citers, strongest first. 1 distinct citer. How cited ↗
discussed Cited as authority (rule) Bongiovanni v. Staten Island Medical Group, P. C.
N.Y. Sup. Ct. · 2001 · confidence medium
The Appellate Division, Second Department, has also held that the “failure to timely request a collateral source hearing constituted a waiver of [the] right to seek an offset for collateral source payments” (Ventriglio v Active Airport Serv., 257 AD2d 657, 657-658 [2d Dept 1999], citing Hill, supra).
Retrieving the full opinion text from the archive…
Jamie S. Ventriglio
v.
Active Airport Service Inc.
Appellate Division of the Supreme Court of the State of New York.
Jan 25, 1999.
257 A.D.2d 657
Cited by 3 opinions  |  Published

—In an action to recover damages for personal injuries, the defendants appeal, as limited by their brief, from so much of an order of the Supreme Court, Kangs County (Spodek, J.), dated December 2, 1997, as denied that branch of their motion which was pursuant to CPLR 4545 to offset a judgment against them because of collateral source payments.

Ordered that the order is affirmed insofar as appealed from, with costs.

Contrary to the appellants’ contention, their failure to timely[*658] request a collateral source hearing constituted a waiver of their right to seek an offset for collateral source payments. In any event, the record does not support the conclusion that the plaintiffs received any benefits from a collateral source which would be deductible from the award (see, Hill v Muchow, 178 AD2d 954). Joy, J. P., Krausman, Florio and Luciano, JJ., concur.