In Tortorello v. Landi, 136 A.D.2d 545 (1988), the Appellate Division, Second Department reversed the trial court which dismissed the complaint after a jury verdict finding that the plaintiff had not sustained a "serious injury". In that case the Appellate Division granted a new trial in part on the issue of whether plaintiff was entitled to recover for the lost wages he sustained. That court stated: "Notwithstanding the issue of whether a plaintiff has sustained a serious injury, recovery can be sought for lost earnings which continue beyond the three-year statutory period."