Legislation
SECTION 4533-B
Proof of payment by joint tort-feasor
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 45
Rule 4533-b. Proof of payment by joint tort-feasor. In an action for
personal injury, injury to property or for wrongful death, any proof as
to payment by or settlement with another joint tort-feasor, or one
claimed to be a joint tort-feasor, offered by a defendant in mitigation
of damages, shall be taken out of the hearing of the jury. The court
shall deduct the proper amount, as determined pursuant to section 15-108
of the general obligations law, from the award made by the jury.
personal injury, injury to property or for wrongful death, any proof as
to payment by or settlement with another joint tort-feasor, or one
claimed to be a joint tort-feasor, offered by a defendant in mitigation
of damages, shall be taken out of the hearing of the jury. The court
shall deduct the proper amount, as determined pursuant to section 15-108
of the general obligations law, from the award made by the jury.