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GEBLEIN v. ARIDA
Appellate Division of the Supreme Court of New York, Fourth Department.
Jan 21, 1977
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 A.D.2d 260; see Colenzo v Kernan, 49 A.D.2d 809; Goldwire v Youngs, 82 Misc.2d 351).
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