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This entry was published on 2014-09-22
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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.