Hammer v. Turner Construction Corp.

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Molia, J.), dated May 3, 2006, which denied his motion to reduce the amount of a workers’ compensation lien held by the nonparty State Insurance Fund.

Ordered that the order is affirmed, with costs.

After the plaintiff James Hammer settled his personal injury action against the defendants for the sum of $225,000, he proposed to the nonparty State Insurance Fund (hereinafter the SIF) that it accept one third of the settlement, less disbursements, in satisfaction of its…