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ORTIZ v. QUEENS TR.

70 A.D.2d 334 (1979)

Francisco Ortiz, Respondent, v. Queens Transit Corporation et al., Appellants

Appellate Division of the Supreme Court of the State of New York, First Department.

October 18, 1979

Attorney(s) appearing for the Case

Marshall D. Sweetbaum of counsel (Goodstein, Mehlman & Krones, attorneys), for appellants.

FEIN, SULLIVAN and LANE, JJ., concur with SANDLER, J.; KUPFERMAN, J. P., dissents in part in an opinion.

SANDLER, J.

The question presented is whether a plaintiff, in a negligence action against an alleged third-party tort-feasor who qualifies as a covered person under subdivision 10 of section 671 of the Insurance Law may recover for basic economic loss when the workmen's compensation carrier has asserted a lien in the amount of benefits paid to plaintiff against the proceeds of the judgment pursuant to subdivision...

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