2021 New York Laws
CVP - Civil Practice Law and Rules
Article 45 - 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.