Shalom v. Sahani

Appellate Division of the Supreme Court of New York

Shalom v. Sahani

137 A.D.2d 454, 524 N.Y.S.2d 714, 1988 N.Y. App. Div. LEXIS 2026

Appellate Division of the Supreme Court of the State of New York·Decided February 23, 1988·Published·Cited by 2 cases

Opinion

Judgment, Supreme Court, New York County (Elliott Wilk, J.), entered February 9, 1987, which, upon a jury verdict, awarded plaintiff the sum of $101,575, is unanimously modified, on the law, to the extent of reducing the judgment by $50,000, to a total sum of $51,575, and, otherwise affirmed, without costs.

Plaintiff commenced this action to recover damages for personal injuries, which were sustained as a result of a collision between two motor vehicles. After trial, the jury returned a verdict in favor of plaintiff, which included an award of $6,500 for past medical expenses, and an award of $50,000 for future medical expenses.

Following our review of the record, we find that, since this was a personal injury action between two persons who were covered under Insurance Law § 5102 (a) (1) and § 5104 (a), the jury award of $56,500 for the past and future medical expenses must be reduced by $50,000, as the first $50,000 in medical expenses constitute basic economic loss, which is not recoverable (see, Hughes v Ryder Truck Rental, 125 AD2d 177, 178 [1st Dept 1986], lv denied 69 NY2d 609 [1987]).

Accordingly, we modify the judgment. Concur—Sandler, J. P., Ross, Kassal and Smith, JJ.

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Judgment, Supreme Court, New York County (Elliott Wilk, J.), entered February 9, 1987, which, upon a jury verdict, awarded plaintiff the sum of $101,575, is unanimously modified, on the law, to the extent of reducing the judgment by $50,000, to a total sum of $51,575, and, otherwise affirmed, without costs.

Plaintiff commenced this action to recover damages for personal injuries, which were sustained as a result of a collision between two motor vehicles. After trial, the jury returned a verdict in favor of plaintiff, which included an award of $6,500 for past medical expenses, and an award of $50,000 for future medical expenses.

Following our review of the record, we find that, since this was a personal injury action between two persons who were covered under Insurance Law § 5102 (a) (1) and § 5104 (a), the jury award of $56,500 for the past and future medical expenses must be reduced by $50,000, as the first $50,000 in medical expenses constitute basic economic loss, which is not recoverable (see, Hughes v Ryder Truck Rental, 125 AD2d 177, 178 [1st Dept 1986], lv denied 69 NY2d 609 [1987]).

Accordingly, we modify the judgment. Concur—Sandler, J. P., Ross, Kassal and Smith, JJ.

Shalom v. Sahani, 137 A.D.2d 454, 524 N.Y.S.2d 714, 1988 N.Y. App. Div. LEXIS 2026 (N.Y. Ct. App. 1988).

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Opinion

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