Ventura v Fisher

State: New York

Court: New York Northern District Court

Docket No: 2004 NY Slip Op 51144(U)

Case Date: 10/06/2004

Plaintiff: Ventura

Defendant: Fisher

Preview:[*1]

Decided on October 6, 2004
Civil Court, Kings County

5788/97
Loren Baily-Schiffman, J.
This matter was referred to this Court for a collateral source hearing after a trial before Hon. Bernadette Bayne which resulted in a verdict for plaintiffs. Plaintiff infants had sued for damages caused by exposure to lead paint. Defendants sought a reduction in the amounts awarded to
plaintiffs for tutoring and higher level counseling [FN1] based upon the availability of a collateral source: the services available free from the New York City Department of Education in their special education program and related services allegedly available pursuant to the federal Individuals with Disabilities Education Act ("IDEA"), 20 USC

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