Geblein v. Arida

Appellate Division of the Supreme Court of New York

Geblein v. Arida

55 A.D.2d 1048, 391 N.Y.S.2d 771, 1977 N.Y. App. Div. LEXIS 10411

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJanuary 21, 1977

StatusPublished

Cited by2 cases

This text of 55 A.D.2d 1048 (Geblein v. Arida) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Geblein v. Arida, 55 A.D.2d 1048, 391 N.Y.S.2d 771, 1977 N.Y. App. Div. LEXIS 10411 (N.Y. Ct. App. 1977).

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Opinion

Order unanimously affirmed, without costs. Memorandum: The expense incurred in physical therapy, which includes the diathermy treatments at issue here, although included in defining "basic economic loss” may not be considered in computing the $500 threshold for a "serious injury” as defined under the Insurance Law regardless of where rendered and by whom inasmuch as the statute refers simply to the reasonable charges for nine separate categories of services necessarily performed for a plaintiff as a result of the injury (Insurance Law, § 671, subd 1, par [a], cls [i], [ii]; § 671, subd 4, par [b]; Sanders v Rickard, 51 AD2d 260; see Colenzo v Kernan, 49 AD2d 809; Goldwire v Youngs, 82 Misc 2d 351). (Appeal from order of Erie County Court — summary judgment.) Present — Moule, J. P., Cardamone, Simons, Dillon and Witmer, JJ.

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Order unanimously affirmed, without costs. Memorandum: The expense incurred in physical therapy, which includes the diathermy treatments at issue here, although included in defining "basic economic loss” may not be considered in computing the $500 threshold for a "serious injury” as defined under the Insurance Law regardless of where rendered and by whom inasmuch as the statute refers simply to the reasonable charges for nine separate categories of services necessarily performed for a plaintiff as a result of the injury (Insurance Law, § 671, subd 1, par [a], cls [i], [ii]; § 671, subd 4, par [b]; Sanders v Rickard, 51 AD2d 260; see Colenzo v Kernan, 49 AD2d 809; Goldwire v Youngs, 82 Misc 2d 351). (Appeal from order of Erie County Court — summary judgment.) Present — Moule, J. P., Cardamone, Simons, Dillon and Witmer, JJ.

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Bluebook (online)

55 A.D.2d 1048, 391 N.Y.S.2d 771, 1977 N.Y. App. Div. LEXIS 10411, Counsel Stack Legal Research, https://law.counselstack.com/opinion/geblein-v-arida-nyappdiv-1977.

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