Legal Opinion

Biette v. Baxter

New York Court of Appeals

Decided September 2, 1982PublishedCited by 5 opinions

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 500.2 [b]), the order of the Appellate Division should be reversed, with costs, the motion to vacate the lien denied and the question certified answered in the affirmative.

A no-fault insurer which pays first-party benefits to a covered person injured through the use or operation of a motor vehicle has a lien for medical expenses and lost wages against a recovery from the manufacturer of a defective prosthetic device installed as a result of the injury. Though not a…

2Cases cited1 opinion

  1. Aetna Insurance v. SpringsteenAppellate Division of the Supreme Court of the State of New York · 1980

3Cited by5 opinions

  1. Aetna Life & Casualty Co. v. NelsonNew York Court of Appeals · 1986
  2. In re CarrollUnited States Bankruptcy Court, E.D. California · 2018
  3. Gonzalez v. City of New YorkNew York Supreme Court · 1984
  4. Lang v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1983
  5. Walsh v. Durkin Bros.District Court, S.D. New York · 1997

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