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ZACKI SHALOM, Respondent, v. ARISH K. SAHANI, Appellant.

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.

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SHALOM v. SAHANI
(Feb 23, 1988)