School Therapies - Collateral Source Reduction

In Andrialis v. Snyder (159 Misc 2d 419 Sup Ct, NY County 1993), the court expressly held that school-supplied therapies and counseling should not provide for a reduction under CPLR 4545. The plaintiff in that case received awards for speech, physical and occupational therapy for 13 years and psychotherapy for 15 years. The defendants sought a reduction under CPLR 4545, claiming that this therapy could be provided at school and in support of that claim submitted the testimony of X, an employee of the New York City Board of Education. In rejecting the defendants' claim, the court found as follows: "Mr. X testified that the infant plaintiff's entitlement to these therapies would be 'based on a clinical assessment of the child', that it would be necessary that the infant plaintiff be 'found to need the services by a committee of Special Education', that he would be entitled to benefits only 'if he has been found to have a learning disability' (an issue vigorously disputed by defendants at trial, one of defendants' expert witnesses testifying that it was more probable than not that the infant plaintiff would graduate from college), that it had to be determined that 'he needs that therapy to maintain him in the program', that the entitlement of infant plaintiff to therapy, the amount of the therapy, and its duration would depend on a report prepared by a clinician who would 'review the child and submit a report' and 'on the clinical information presented to a committee'.