Legal Opinion
Pavone v. Aetna Casualty & Surety Co.
New York Supreme Court
Decided October 4, 1977PublishedCited by 15 opinions
1Opinion of the CourtDavid O. Boehm, J.
Plaintiff moves for summary judgment in this declaratory judgment action brought by her against the defendant insurance companies on the ground that defendant Aetna’s attempted imposition of a lien, under subdivision 2 of section 673 of the Insurance Law, against any tort recovery from defendant Liberty’s insured is impermissible. Aetna has cross-moved to amend its answer and to counterclaim against the plaintiff for moneys Aetna has paid her as first-party benefits, by virtue of its statutory lien, or to recover on the alternative theories of subrogation or unjust enrichment.
The facts…
2Cases cited18 opinions
- Beatty v. . Guggenheim Exploration Co.New York Court of Appeals · 1919
- Sharp v. KosmalskiNew York Court of Appeals · 1976
- Loucks v. . Standard Oil Co.New York Court of Appeals · 1918
- Montgomery v. DanielsNew York Court of Appeals · 1975
- Rothschild v. . Title Guarantee Trust Co.New York Court of Appeals · 1912
13 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- CBS, Inc. v. AhernDistrict Court, S.D. New York · 1985
- Collomb v. Wyatt (In Re Wyatt)United States Bankruptcy Court, E.D. New York · 1980
- Presbyterian Hospital in City of New York v. Aetna Casualty & Surety Co.Appellate Division of the Supreme Court of the State of New York · 1996
- Marshak v. GreenDistrict Court, S.D. New York · 1981
- Slavin v. BensonDistrict Court, S.D. New York · 1980
10 more not listed; retrieve them via the Exa API.