Denison v. City of Rome

Appellate Division of the Supreme Court of New York

Denison v. City of Rome

294 A.D.2d 895, 740 N.Y.S.2d 925, 2002 N.Y. App. Div. LEXIS 4527

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 3, 2002

StatusPublished

This text of 294 A.D.2d 895 (Denison v. City of Rome) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Denison v. City of Rome, 294 A.D.2d 895, 740 N.Y.S.2d 925, 2002 N.Y. App. Div. LEXIS 4527 (N.Y. Ct. App. 2002).

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Opinion

—Appeal from an order of Supreme Court, Oneida County (Shaheen, J.), entered June 13, 2001, which determined that the State Insurance Fund is not entitled to a lien against proceeds received by plaintiff as a result of the settlement of his action against defendant.

[896]*896It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum: Supreme Court properly determined that the State Insurance Fund is not entitled to a lien against proceeds received by plaintiff as the result of the settlement of his action against defendant City of Rome. The State Insurance Fund failed to establish that the proceeds received by plaintiff were not in lieu of first-party benefits (see Workers’ Compensation Law § 29 [1-a]; Insurance Law § 5104 [b]) and thus failed to establish that it is entitled to a lien. Present—Pine, J.P., Hayes, Hurlbutt, Burns and Lawton, JJ.

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—Appeal from an order of Supreme Court, Oneida County (Shaheen, J.), entered June 13, 2001, which determined that the State Insurance Fund is not entitled to a lien against proceeds received by plaintiff as a result of the settlement of his action against defendant.

[896]*896It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum: Supreme Court properly determined that the State Insurance Fund is not entitled to a lien against proceeds received by plaintiff as the result of the settlement of his action against defendant City of Rome. The State Insurance Fund failed to establish that the proceeds received by plaintiff were not in lieu of first-party benefits (see Workers’ Compensation Law § 29 [1-a]; Insurance Law § 5104 [b]) and thus failed to establish that it is entitled to a lien. Present—Pine, J.P., Hayes, Hurlbutt, Burns and Lawton, JJ.

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Bluebook (online)

294 A.D.2d 895, 740 N.Y.S.2d 925, 2002 N.Y. App. Div. LEXIS 4527, Counsel Stack Legal Research, https://law.counselstack.com/opinion/denison-v-city-of-rome-nyappdiv-2002.

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