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1st Dep't 2d Dep't 3rd Dep't 4th Dep't additional insured aff'd aggravation agreement allocation amount annuity App.Div apportionment attorney attorney's fee benefit calculated cause of action City collateral sources compensation computed Consolidated Edison contract contractor contractual indemnification contribution claim Corp CPLR decedent decedent's defendant's determining discontinued distributee entitled equitable share Estate fault future damages Hospital indemnification clause indemnitee indemnitee's indemnitor indemnity injured person interest joint tortfeasor jury landlord loss of consortium lost earnings malpractice action medical malpractice Misc.2d negligence nonsettling defendant NYLJ Obligations Law obligee obligor original tortfeasor owner pain and suffering parents party payment pecuniary loss percent personal injury personal injury action plaintiff present value prior procure insurance proof recover recovery reduced release result Section setoff settling co-defendant settling defendant statute subcontractor subrogation subsequent tortfeasor summary judgment supra supra at n verdict wrongful death action wrongful death claim York law