Andino v. Mills

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A court must offset a retired New York City police officer’s projected accident disability retirement (ADR) benefits against the injured retiree’s jury award for both future lost earnings and pension. Plaintiff, a retired police officer who was injured on duty, filed a personal injury action against Defendants. The jury found Defendants responsible for the accident and awarded Plaintiff a set amount for past and future lost earnings and future loss of pension. Defendants moved to offset the jury award pursuant to N.Y. C.P.L.R. 4545, which permits a court to find that certain awarded damages will, with a reasonable certainty, be replaced or indemnified from a collateral source. Supreme Court denied the motion. The Appellate Division granted Defendants’ motion to offset the award for future pension benefits by the total amount of Plaintiff’s projected ADR benefits and otherwise affirmed Supreme Court’s denial of an offset for Plaintiff’s future lost earnings. The Court of Appeals affirmed as modified, holding (1) the Appellate Division erred in holding that ADR benefits could not be offset against lost earnings and incorrectly applied the entire amount of Plaintiff’s projected ADR benefits against the future lost pension; and (2) therefore, recalculation of the offset to future lost earnings and pension is warranted. View "Andino v. Mills" on Justia Law