Appellate Division of the Supreme Court of New York, 1997

Reich v. Manhattan Boiler & Equipment Corp.

Reich v. Manhattan Boiler & Equipment Corp.
Appellate Division of the Supreme Court of New York · Decided June 17, 1997
240 A.D.2d 262; 659 N.Y.S.2d 737; 1997 N.Y. App. Div. LEXIS 6562
Reich v. Manhattan Boiler & Equipment Corp.

Opinion of the Court

Judgment, Supreme Court, New York County (Sherry Klein Heitler, J.), entered November 15, 1996, in favor of plaintiff and against defendant in an action to recover a portion of a third-party judgment by an assignee thereof, unanimously affirmed, without costs.

The transaction in issue, made after trial and apportionment of liability, was correctly held to be sanctioned by Feldman v New York City Health & Hosps. Corp. (56 NY2d 1011, revg 84 AD2d 166, for reasons set forth in 107 Misc 2d 145) as "an agreement in which a stranger to the litigation loaned the main defendant the amount necessary to pay the plaintiff so that it could then seek contribution from the third-party defendant” (Gonzales v Armac Indus., 81 NY2d 1, 7). Defendant’s insurance carrier is not entitled to a complete lien on the proceeds collected by plaintiff or plaintiff’s assignor, defendant’s third-party judgment creditor in the underlying action for 25% of the judgment (see, Palma v Ben Cal Assocs., 161 AD2d 567, lv dismissed 77 NY2d 834, 78 NY2d 1092 [construing Workers’ Compensation Law § 29]). The court properly calculated the statutory interest. Concur—Murphy, P. J., Wallach, Rubin, Tom and Andrias, JJ.

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