Smith v. Spinoccia

— In an action to recover damages for personal injuries, the Mobil Oil Corporation appeals (1) from so much of an order of the Supreme Court, Nassau County (Kelly, J.), entered July 12, 1984, as, without opposition, extinguished its workers’ compensation lien upon the proceeds of a proposed settlement of the matter and directed it to pay the plaintiffs attorney’s fees in the sum of $25,317.57, and (2) from an order of the same court, dated October 22, 1984, which denied its motion pursuant to CPLR 5015 to vacate and set aside the aforenoted provisions of the order entered July 12, 1984.

Appeal…