Services Provided In Schools Used to Reduce Jury's Award
In Ursini v. Sussman (143 Misc 2d 727, 728-729 Sup Ct, NY County 1993) the court held that (at 728-729): "for the court to find 'with reasonable certainty ...' that a future cost or expense will be replaced in all or in part it must determine that 'plaintiff is legally entitled to the continued receipt of such collateral source, pursuant to a contract or otherwise enforceable agreement'.
Similarly, in Delaney v. Misericordia Hosp. (Sup Ct, Bronx County, Part 16, index No. 16596/86), a medical malpractice action stemming from injuries sustained by an infant plaintiff during delivery, Justice Lottie E. Wilkins rejected the defendant's argument that services provided in the schools may be used to reduce the jury's award for therapies under CPLR 4545.
Justice Wilkins held that the:
"plaintiff's concerns about proposed budget cuts in funding for special education-related services are warranted.