Rudzinskas v. Coluni

— Main, J.

Appeal from that part of an order of the Supreme Court at Special Term (Walsh, Jr., J.), entered February 27, 1985 in Montgomery County, which denied apportionment of a lien imposed by the New York State Teamsters Council Health and Hospital Fund upon plaintiff’s recovery in the underlying negligence action.

Plaintiff is a qualified participant under a health and hospital plan administered by the trustees of the New York State Teamsters Council Health and Hospital Fund (Fund). On August 8, 1981, plaintiff was injured as a result of a motor vehicle accident and subsequently commenced…