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HEITNER v. GOV'T INS. CO.

103 A.D.2d 111 (1984)

Abraham D. Heitner, Individually and on Behalf of All Others Similarly Situated, Appellant, v. Government Employees Insurance Company et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

August 6, 1984

Attorney(s) appearing for the Case

Shayne, Dachs, Stanisci & Corker (Norman H. Dachs of counsel), for appellant.

Cahill Gordon & Reindel (William E. Hegarty, Charles Platto, Susan Buckley and Marc J. Korpus of counsel), for Government Employees Insurance Company and others, respondents.

Held, Cheven, Sternberg & Held (Donald J. Weiss on the brief), for Country-Wide Insurance Company, respondent.

Rivkin, Leff, Sherman & Radler (Leonard L. Rivkin, Frank L. Amoroso and Nancy K. Eisner of counsel), for Lumbermens Mutual Casualty Company, respondent.

Lynn, Ledwith & Quinlan (Peter K. Ledwith of counsel), for Safeco National Insurance Company, respondent.

MANGANO, THOMPSON and NIEHOFF, JJ., concur.

MOLLEN, P. J.

The sole question presented on this appeal is whether, in calculating "[f]irst party benefits" to be paid to a no-fault automobile accident insurance claimant who has sustained lost earnings in excess of $1,000 per month (see Insurance Law, § 671, subd 2; § 672), disability benefits previously paid to the claimant should be deducted from the claimant's gross or actual lost monthly earnings...

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