Goldwire v. Youngs

Stewart F. Hancock, Jr., J.

The sole question presented by defendants’ motion to dismiss plaintiff’s personal injury action is whether two bills incurred by plaintiff for physical therapy should be included in the computation of the $500 threshold to meet the test of "serious injury” under New York’s no-fault auto insurance law (Insurance Law, § 670 et seq.).1 If not, *352plaintiffs common-law negligence action must be dismissed, since his total allowable medical bills would be less than $500, and plaintiff would, by the terms of the statute, be relegated to his first-party benefits (Insurance…