Biette v. Baxter
New York Court of Appeals
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
- Aetna Insurance v. SpringsteenAppellate Division of the Supreme Court of the State of New York · 1980
3Cited by5 opinions
- Aetna Life & Casualty Co. v. NelsonNew York Court of Appeals · 1986
- In re CarrollUnited States Bankruptcy Court, E.D. California · 2018
- Gonzalez v. City of New YorkNew York Supreme Court · 1984
- Lang v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1983
- Walsh v. Durkin Bros.District Court, S.D. New York · 1997