PAVONE v. AETNA CAS & SUR


91 Misc.2d 658 (1977)

Roselyn Pavone, Plaintiff, v. Aetna Casualty and Surety Company et al., Defendants.

Supreme Court, Monroe County.

October 4, 1977


Attorney(s) appearing for the Case

Fix, Spindelman, Turk, Himelein & Schwartz (Ronald J. Turk of counsel), for plaintiff. Winchell, Connors & Corcoran for Aetna Casualty & Surety Company, defendant. Lines, Wilkens, Osborn & Becks for Liberty Mutual Insurance Company, defendant.


DAVID 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...

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