Heitner v. Government Employees Insurance

*112OPINION OF THE COURT

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, or from the wage-loss ceiling of $1,000 per month set forth in section 671 (subd 1, par [b]) of the Insurance Law. Special Term concluded, in essence, that amounts received…