208.2005
RESOLUTION SUPPORTING COLLATERAL SOURCE LEGISLATION –
NEW YORK STATE SENATE BILL: S.1544 AND ASSEMBLY BILL: A.4354
RESOLUTION NO.: 208, 2005
INTRODUCED BY: Mr. John Strough
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Daniel Stec
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WHEREAS, Civil Practice Law and Rules (CPLR) 4545 subjects public employers and only
public employers to a double recovery of lost future earnings in tort actions brought by their
employees, and
WHEREAS, this present inequity exists because the CPLR as interpreted by New York’s
Court of Appeals in Iazzetti v. City of New York, 94 NY2d 183 (1999) requires that future lost earnings
awards for public employees are not offset by collateral sources such as a disability pension that the
employee will also receive to replace his/her lost earnings, and
WHEREAS, amendments to the collateral source rule will eliminate this inequality and these
windfall recoveries and lead to significantly lower costs to municipalities and taxpayers throughout
New York State,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby expresses its support of New York
State Assembly Bill No.: A4354 and New York State Senate Bill No.: S.1544 to amend the Civil
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Practice Law and Rules (CPLR) 4545 to prevent “double dipping” in lawsuits against public
employers and ensure that plaintiffs do not profit at taxpayers’ expense, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor’s
Office to forward certified copies of this Resolution to the New York State Governor’s Office, New
York State Senate, New York State Assembly and Office of the Corporation Counsel of the City of
New York, Law Department.
th
Duly adopted this 25 day of April, 2005, by the following vote:
AYES : Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer
NOES : None
ABSENT: None
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