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HAYES v. NYC HEALTH & HOSPS

97 Misc.2d 748 (1979)

Robert T. Hayes, Plaintiff, v. New York City Health and Hospitals Corporation, Defendant.

Supreme Court, Special Term, Queens County.

January 8, 1979

Attorney(s) appearing for the Case

Robert G. Harley for plaintiff. Peter T. Tierney for Crum & Forster Insurance Company.

SEYMOUR BOYERS, J.

Plaintiff moves by order to show cause to vacate the lien asserted by his insurer, Crum & Forster Insurance Company (hereinafter "Crum & Forster"), against the sum received in a malpractice action.

On February 10, 1975 plaintiff incurred injuries in a motor vehicle accident, which required examination and treatment at Elmhurst General Hospital. As a result of that hospital's

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