N.Y. CVP Law § 4546

§ 4546. Loss of earnings and impairment of earning ability in actions\nfor medical, dental or podiatric malpractice. 1. In any action for\nmedical, dental or podiatric malpractice where the plaintiff seeks to\nrecover damages for loss of earnings or impairment of earning ability,\nevidence shall be admissible for consideration by the court, outside of\nthe presence of the jury, to establish the federal, state and local\npersonal income taxes which the plaintiff would have been obligated by\nlaw to pay.\n 2. In any such action, the court shall instruct the jury not to deduct\nfederal, state and local personal income taxes in determining the award,\nif any, for loss of earnings and impairment of earning ability. The\ncourt shall further instruct the jury that any reduction for such taxes\nfrom any award shall, if warranted, be made by the court.\n 3. In any such action, the court shall, if warranted by the evidence,\nreduce any award for loss of earnings or impairment of earning ability\nby the amount of federal, state and local personal income taxes which\nthe court finds, with reasonable certainty, that the plaintiff would\nhave been obligated by law to pay.\n