French v. Schiavo
Opinion of the Court
Judgment, Supreme Court, New York County (John E.H. Stackhouse, J.), entered December 28, 2007, in plaintiffs favor, bringing up for review an order, same court and Justice, entered on or about June 29, 2007, which, upon a jury verdict awarding plaintiff, inter alia, $94,000 for past medical expenses, $176,000 for past lost earnings, and $3,100,000 for future lost earnings, denied plaintiffs motion, inter alia, to increase the award for past medical expenses, pursuant to stipulation, to $166,371.63, and granted defendants’ motion for a collateral source offset to the extent of reducing the award for past medical expenses from $94,000 to $38,559, reducing the award for past lost earnings from $176,000 to $0, and reducing the award for future lost earnings from $3,100,000 to $1,133,016, unanimously modified, on the law, to vacate the collateral source offset, reinstate the jury awards for past medical expenses and past and future lost earnings, and increase the award for past medical expenses to $166,371.63, and otherwise affirmed, without costs.
The parties’ stipulation to the fair and reasonable value of past medical expenses in the amount of $166,371.63 should be enforced (see Sanfilippo v City of New York, 272 AD2d 201 [2000], lv dismissed 95 NY2d 887 [2000]).
We have not considered plaintiffs remaining argument, which is not properly before us. Concur—Andrias, J.P., Nardelli, Moskowitz, Renwick and Freedman, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.