Strain v. Kechbaum

On this motion by defendant for a further bill of particulars, the remaining unresolved issue relates to paragraph "11” of the plaintiff’s bill of particulars.

Plaintiff claims that he is entitled to recover as an item of damage against this defendant the differential between the amount of his "basic economic loss” under section 671 (subd 1, par [b]) of the Insurance Law and the amount that he has been paid as a "first party benefits” under section 671 (subd 2, par [a]) of the same statute. The difference between the two amounts represents the 20% deduction from total lost wages provided for…