Appellate Division of the Supreme Court of New York, 2008

Alam v. Taxi Wheels to Lease, Inc.

Alam v. Taxi Wheels to Lease, Inc.
Appellate Division of the Supreme Court of New York · Decided December 2, 2008
57 A.D.3d 457; 868 N.Y.2d 750
Alam v. Taxi Wheels to Lease, Inc.

Opinion of the Court

*458Contrary to the Supreme Court’s determination, nonparty Hereford Insurance Company (hereinafter Hereford) may assert a workers’ compensation lien against the plaintiffs proposed settlement with the defendants Hercules Tire and Rubber Company and Cooper Tire and Rubber Company, noncovered persons (see Insurance Law § 5104 [b]), in this action (see Workers’ Compensation Law § 29 [1]; Matter of McHenry v State Ins. Fund, 236 AD2d 89 [1997]; Stedman v City of New York, 107 AD2d 600 [1985]; cf. Aetna Cas. & Sur. Co. v Jackowe, 96 AD2d 37, 42 [1983]). Since Hereford may assert its lien, the plaintiff was required to comply with the provisions of Workers’ Compensation Law § 29 (5). The plaintiffs motion papers failed to include much of the information required by Workers’ Compensation Law § 29 (5) and it was supported only by a rather conclusory affidavit from the plaintiffs counsel. Accordingly, the court erred in granting the plaintiff’s motion to judicially approve the settlement and to extinguish Hereford’s lien (see Matter of Snyder v CNA Ins. Cos., 306 AD2d 677 [2003]). Spolzino, J.P., Angiolillo, Dickerson and Belen, JJ., concur. [See 16 Misc 3d 1110(A), 2007 NY Slip Op 51377(U).]

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