Biette v. Baxter
Cases that cite this one
5 later published cases cite this decision.
- In re Carroll (United States Bankruptcy Court, E.D. California 2018)
- Walsh v. Durkin Bros. (District Court, S.D. New York 1997)
- Aetna Life & Casualty Co. v. Nelson (N.Y. 1986)
- Gonzalez v. City of New York (New York Supreme Court 1984)
- Lang v. City of New York (Appellate Division of the Supreme Court of New York 1983)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
OPINION OF THE COURT
Memorandum.
On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 500.2 [b]), the order of the Appellate Division should be reversed, with costs, the motion to vacate the lien denied and the question certified answered in the affirmative.
A no-fault insurer which pays first-party benefits to a covered person injured through the use or operation of a motor vehicle has a lien for medical expenses and lost wages against a recovery from the manufacturer of a defective prosthetic device installed as a result of the injury. Though not a joint tort-feasor the manufacturer is a noncovered person whose product aggravated the personal injury for which the insurer was required to pay first-party benefits and, under the provisions of subdivision 2 of section 673 of the Insurance Law, the insurer, therefore, has a lien for such payments against any recovery from the manufacturer (Aetna Ins. Co. v Springsteen, 78 AD2d 532).
On review of submissions pursuant to rule 500.2 (b), order reversed, etc.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.