COLON v. MONTEMURRO


33 A.D.3d 512 (2006)

823 N.Y.S.2d 134

WANDA COLON, Appellant, v. PETER J. MONTEMURRO, Respondent.

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

Decided October 24, 2006.


In this personal injury action arising out of an automobile accident, the parties stipulated that plaintiff suffered $8,000 in lost wages that she would have earned during an absence of two months from work over the course of the three-year period immediately following the accident. Basic economic loss may not be recovered in a plenary action by one covered person against another covered person (Insurance Law § 5104 [a]). Basic economic loss means up to $50,000 per person...

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