Hayes v. New York City Health & Hospitals Corp.

OPINION OF THE COURT

Seymour Boyers, J.

Plaintiff moves by order to show cause to vacate the lien asserted by his insurer, Crum & Forster Insurance Company (hereinafter "Crum & Forster”), against the sum received in a malpractice action.

On February 10, 1975 plaintiff incurred injuries in a motor vehicle accident, which required examination and treatment at Elmhurst General Hospital. As a result of that hospital’s *749alleged misdiagnosis a medical malpractice claim was commenced against the defendant herein and later settled before this court. Crum & Forster thereafter advised the parties of its…