N.Y. CPLR § 4545

NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only CPLR § 4545 Admissibility of collateral source of payment § 4545. Admissibility of collateral source of payment. (a) Actions forpersonal injury, injury to property or wrongful death. In any actionbrought to recover damages for personal injury, injury to property orwrongful death, where the plaintiff seeks to recover for the cost ofmedical care, dental care, custodial care or rehabilitation services,loss of earnings or other economic loss, evidence shall be admissiblefor consideration by the court to establish that any such past or futurecost or expense was or will, with reasonable certainty, be replaced orindemnified, in whole or in part, from any collateral source, except forlife insurance and those payments as to which there is a statutory right ofreimbursement. If the court finds that any such cost or expense was orwill, with reasonable certainty, be replaced or indemnified from anysuch collateral source, it shall reduce the amount of the award by suchfinding, minus an amount equal to the premiums paid by the plaintiff forsuch benefits for the two-year period immediately preceding the accrual ofsuch action and minus an amount equal to the projected future cost tothe plaintiff of maintaining such benefits. In order to find that anyfuture cost or expense will, with reasonable certainty, be replaced orindemnified by the collateral source, the court must find that theplaintiff is legally entitled to the continued receipt of suchcollateral source, pursuant to a contract or otherwise enforceableagreement, subject only to the continued payment of a premium and suchother financial obligations as may be required by such agreement. Anycollateral source deduction required by this subdivision shall be madeby the trial court after the rendering of the jury's verdict. Theplai ligations as may be required by such agreement. Anycollateral source deduction required by this subdivision shall be madeby the trial court after the rendering of the jury's verdict. Theplaintiff may prove his or her losses and expenses at the trialirrespective of whether such sums will later have to be deducted fromthe plaintiff's recovery.(b) Voluntary charitable contributions excluded as a collateral sourceof payment. Voluntary charitable contributions received by an injuredparty shall not be considered to be a collateral source of payment thatis admissible in evidence to reduce the amount of any award, judgment orsettlement.