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GIVENTER v. REMENTERIA

184 Misc.2d 744 (2000)

705 N.Y.S.2d 863

EVAN GIVENTER, an Infant, by His Mother and Natural Guardian, DONNA GIVENTER, et al., Plaintiffs, v. JOSE L. REMENTERIA et al., Defendants.

Supreme Court, Richmond County.

February 18, 2000.

Attorney(s) appearing for the Case

Belair & Evans, L. L. P. (Raymond W. Belair of counsel), for Jose L. Rementeria and another, defendants.

Kramer Dillof Tessel Duffy & Moore (Thomas A. Moore of counsel), for plaintiffs.

OPINION OF THE COURT

JOSEPH J. MALTESE, J.

In a medical malpractice action, the jury awarded the plaintiffs, a severely brain damaged child and his parents, a verdict of $53,735,955. The defendant doctor and hospital have petitioned this court, pursuant to CPLR 4545 (a), to reduce the amount of that award by applying collateral sources to pay for the future cost of medical care and therapies (rehabilitative services) to be received by the child. The defendants...

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