New York motorists injured by the negligence of another motorist have a constitutional right to a jury trial—but only if there is a “serious injury.” Compare N.Y. Const. art. I, §2 with Montgomery v. Daniels, 38 N.Y.2d 41, 66-67 (1975). That is the tradeoff of our no-fault insurance regime: Prompt payment regardless of fault for “basic economic loss,” such as lost wages and medical expenses, in exchange for a limited right to recover in tort for pain and suffering. See generally Hezekiah v. Williams, 81 A.D.2d 261, 264-265 (2d Dep’t 1981).
The Legislature has prescribed a “serious injury” threshold that has confounded some courts. See, e.g., Brown v. Achy, 9 A.D.3d 30, 31 (1st Dep’t 2004) (“elusive standard” whose application is a “sometimes frustrating task”). That threshold can be decided on papers “as a matter of law.” Licari v. Elliott, 57 N.Y.2d 230, 237-38 (1982).
