Commissioners of the State Insurance Fund v. Parrilla

This motion for summary judgment in favor of the plaintiff is granted.

Plaintiff seeks judgment, against the attorney for an injured employee who recovered from a third party, on its lien for benefits paid pursuant to section 227 of the Workmen’s Compensation Law.

*836Defendant admits receiving notice of plaintiff’s lien and states that it was inadvertently overlooked when he distributed the recovery proceeds. He raises no issue of fact, but contends in a cross motion for summary judgment that the lien is not enforcible against an employee’s attorney.

Neither briefs submitted, nor independent…