Szakmary v. Castello Packing Co.

OPINION OF THE COURT

Charles J. Thomas, J.

The parties to this small claims action have consented to have the court treat this action as a motion for summary judgment based upon the following question: Is plaintiff entitled to recover a $200 deductible for no-fault personal injury excluded under Insurance Law § 5102 (b) (3) as first-party benefits?

Plaintiff and defendant were involved in an automobile accident. Plaintiff made claim against her own no-fault insurance carrier (Insurance Law art 51) and was given the sum of $151.99 for medical expenses incurred representing a $351.99 claim less a…