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VENTRIGLIO v. ACTIVE AIRPORT SERVICE INC

Appellate Division of the Supreme Court of New York, Second Department.
Jan 25, 1999

Ordered that the order is affirmed insofar as appealed from, with costs.

Contrary to the appellants' contention, their failure to timely request a collateral source hearing constituted a waiver of their right to seek an offset for collateral source payments. In any event, the record does not support the conclusion that the plaintiffs received any benefits from a collateral source which would be deductible from the award ( see, Hill v. Muchow, 178 A.D.2d 954).

Joy, J.P., Krausman, Florio and Luciano, JJ., concur.