McComber v. Lehrer McGovern Bovis, Inc.

Order, Supreme Court, New York County (Nicholas Figueroa, J.), entered December 27, 2004, which, in an action for personal injuries sustained at a work site, fixed nonparty-appellant workers’ compensation carrier’s lien in the amount of $23,355.68, unanimously affirmed, with costs.

Carrier paid plaintiff a total of $228,605.18 in continuous weekly payments of $400 beginning as of the date of the accident and ending three years later, shortly after the jury verdict that effectuated the “high-low” settlement agreement under which plaintiff recovered $14.5 million. Carrier admits that plaintiff…