Jackson v. Decatur

Defendant, William Decatur, moves for summary judgment dismissing plaintiff’s complaint on the ground that the plaintiff failed to state a cause of action in that plaintiff has neither sustained serious injury as defined in section 671 (subd 4, par [a]) of the Insurance Law, nor incurred medical expenses in excess of $500 under section 671 (subd 4, par [b]).

The first issue is whether the bills presented by the attending physicians qualify to meet the threshold of $500 under section 671 (subd 4, par [b]). The bills consist of $300 for X-rays by Dr. Rubin Lavine and a bill for $395 from Dr.…