Opinion
February 23, 1988
Appeal from the Supreme Court, New York County (Elliott Wilk, J.).
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 A.D.2d 177, 178 [1st Dept 1986], lv denied 69 N.Y.2d 609).
Accordingly, we modify the judgment.
Concur — Sandler, J.P., Ross, Kassal and Smith, JJ.