Hyde v. North River Insurance

OPINION OF THE COURT

Edward S. Conway, J.

This is a motion by the plaintiff for an order granting him summary judgment for the relief demanded in the complaint.

The underlying action was brought by the plaintiff to vacate a lien which has been asserted by the defendant insurance company, pursuant to the provisions of subdivision 2 of section 673 of the Insurance Law, against the proceeds of a judgment rendered in plaintiff’s favor in Supreme Court, Rensselaer County.

Plaintiff was traveling as a passenger in an automobile owned and operated by his brother. The vehicle was forced off Fogarty Road,…