Opinion
November 29, 1993
Appeal from the Supreme Court, Queens County (Zelman, J.).
Ordered that the appeal from the order is dismissed; and it is further,
Ordered that the judgment is modified, on the law, by reducing the award to the plaintiff Stephen Fischer from the principal sum of $60,000 to the principal sum of $30,000; as so modified, the judgment is affirmed, and the matter is remitted to the Supreme Court, Queens County, for the entry of an appropriate amended judgment; and it is further,
Ordered that the defendant is awarded one bill of costs.
The defendant's appeal from the order denying resettlement must be dismissed, as no appeal lies from an order denying a motion to resettle the decretal paragraphs of a judgment (see, Zagami v Zagami, 173 A.D.2d 698; Blaustein v Blaustein, 145 A.D.2d 591).
In this action, inter alia, to recover damages for personal injuries sustained in an automobile accident, the jury awarded the plaintiff Stephen Fischer $5,000 for past pain and suffering, $25,000 for future pain and suffering, and $30,000 for future medical expenses. The trial court should have deducted the $30,000 award for future medical expenses from Fischer's total award, as that sum constituted basic economic loss that cannot be recovered in a tort action against another covered person under the no-fault automobile insurance law (see, Insurance Law § 5102 [a]; § 5104 [a]; see also, Bisbee v Independent Coach Corp., 182 A.D.2d 661; McDonnell v Best Bus Co., 97 A.D.2d 433; Fiveson v Kondenar, 110 A.D.2d 749; Hughes v Ryder Truck Rental, 125 A.D.2d 177; Johnston v Colvin, 145 A.D.2d 846). Balletta, J.P., Rosenblatt, Santucci and Joy, JJ., concur.