Agree with you Dino. In fact, I usually stip to the amount for the Judges consideration, should a jury find in favor of the plaintiff. Dont have any caselaw handy because its never been an issue. Hopefully the Judge will consult his or her colleagues.
Scott
Scott Schneider
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*** Member’s Message ****
Sender: Litourgis Dino
Date: 5/31/2024 2:17:22 PM
My colleague and I are trying a case in the Bronx against Joe Lichtenstein, who is seeking to put a lien letter before the jury. His basis for doing so is Ive been doing this for thirty years. Thanks, alot Joe.
Putting aside the evidentiary hurdles (i.e. he has no witness or means of putting this in evidence outside of a stipulation), as a matter of practice, my understanding is that collateral sources are dealt with by the court, after the trial, should the jury return a plaintiffs verdict (CPLR 4545).
The reason Im writing this email is because were appearing before a relatively new judge, who may ask us for some authority, case law or otherwise, as to why such a letter is inadmissible. Had we been appearing before a more seasoned judge, I wouldnt give much thought to the issue. But given our circumstances, I would prefer for us to be able to point to something as opposed to saying, Joe is outrageously wrong.
Thanks in advance,
Dino
Dino Litourgis
Trial Attorney
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