Fidelity & Guaranty Insurance v. DiGiacomo

In an action to recover on a Workers’ Compensation lien, the plaintiffs appeal from an order of the Supreme Court, Suffolk County (Farneti, J.), dated January 28, 2014, which denied their motion for summary judgment awarding them the sum of $123,442.47, constituting the net lien claimed by them, and granted the defendants’ cross motion for judicial approval pursuant to Workers’ Compensation Law § 29 (5) of a settlement of an action commenced by the defendant Giacomino DiGiacomo to recover damages against third parties.

Ordered that the order is modified, on the law, by deleting the provision…