Montalvo v. Bakery & Confectionery Workers International Union of America Local No. 3

In an action for a judgment declaring that the defendant is not entitled to a lien on the proceeds of any settlement, judgment or recovery by the plaintiff with respect to an accident on January 19, 1985, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Gowan, J.), dated June 2, 1986, which denied his motion for summary judgment on the complaint and to strike the defendant’s affirmative defenses.

Ordered that the order is modified, on the law, by deleting the provisions thereof which denied those branches of the plaintiffs motion which were to strike the defendant’s…