2012 New York Consolidated Laws
CVP - Civil Practice Law & Rules
Article 45 - (4501 - 4548) EVIDENCE
4545 - Admissibility of collateral source of payment.

 
    § 4545. Admissibility of collateral source of payment. (a) Actions for
  personal  injury,  injury  to  property or wrongful death. In any action
  brought to recover damages for personal injury, injury  to  property  or
  wrongful  death,  where  the  plaintiff seeks to recover for the cost of
  medical care, dental care, custodial care  or  rehabilitation  services,
  loss  of  earnings  or other economic loss, evidence shall be admissible
  for consideration by the court to establish that any such past or future
  cost or expense was or will, with reasonable certainty, be  replaced  or
  indemnified, in whole or in part, from any collateral source, except for
  life insurance and those payments as to which there is a statutory right
  of  reimbursement.  If the court finds that any such cost or expense was
  or will, with reasonable certainty, be replaced or indemnified from  any
  such  collateral source, it shall reduce the amount of the award by such
  finding, minus an amount equal to the premiums paid by the plaintiff for
  such benefits for the two-year period immediately preceding the  accrual
  of such action and minus an amount equal to the projected future cost to
  the  plaintiff  of  maintaining such benefits. In order to find that any
  future cost or expense will, with reasonable certainty, be  replaced  or
  indemnified  by  the  collateral  source,  the  court must find that the
  plaintiff  is  legally  entitled  to  the  continued  receipt  of   such
  collateral  source,  pursuant  to  a  contract  or otherwise enforceable
  agreement, subject only to the continued payment of a premium  and  such
  other  financial  obligations  as may be required by such agreement. Any
  collateral source deduction required by this subdivision shall  be  made
  by  the  trial  court  after  the  rendering  of the jury's verdict. The
  plaintiff may prove  his  or  her  losses  and  expenses  at  the  trial
  irrespective  of  whether  such sums will later have to be deducted from
  the plaintiff's recovery.
    (b) Voluntary charitable contributions excluded as a collateral source
  of payment. Voluntary charitable contributions received  by  an  injured
  party  shall not be considered to be a collateral source of payment that
  is admissible in evidence to reduce the amount of any award, judgment or
  settlement.