Iazzetti v. City of New York

Full title: MARIO IAZZETTI et al., Appellants, v. CITY OF NEW YORK, Respondent

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Dec 15, 1998

256 A.D.2d 140 (N.Y. App. Div. 1998)

681 N.Y.S.2d 507

Opinion

December 15, 1998

Appeal from the Supreme Court, New York County (Eugene Nardelli, J., at trial; Walter Tolub, J., on CPLR 4545 [c] motion).

We agree with the IAS Court's factual findings that the jury's awards for future lost earnings and future lost pension benefits correspond to and are replaced by plaintiffs accident disability retirement pension, which provides three-fourths salary benefits tax free, commenced when plaintiff was removed from the City payroll as a sanitation worker, and will continue for the 21 years that plaintiff would have earned salary on the job but for the accident and for the expected ten years that he would have received an ordinary pension upon retirement ( see, Oden v. Chemung County Indus. Dev. Agency, 87 N.Y.2d 81).

Concur — Ellerin, J. P., Williams, Mazzarelli and Andrias, JJ.