Virkter v. Shockney

In Virkter v. Shockney, 178 A.D.2d 966 (4th Dept. 1991) after plaintiff's verdict defendant's attorney requested a collateral source hearing the Trial Court then set a date for post trial motions, and suggested that the parties' counsel resolve the issue between themselves before the post trial motion date, delaying the need for a collateral source hearing. Though the parties failed to resolve the collateral source issue, defendants' motion omitted any reference to or requested relief therefor so the Appellate Division: 4th Department held CPLR 4406 was not adequately preserved for appellate review.