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FIREMEN'S INS v. BOWLEY

110 Misc.2d 168 (1981)

Firemen's Insurance Company of Newark, Plaintiff, v. Paul Bowley et al., Defendants.

Supreme Court, Erie County.

August 7, 1981

Attorney(s) appearing for the Case

Barth, Sullivan & Lancaster (Edward J. Taublieb of counsel), for plaintiff. Sarisohn, Sarisohn, Carner, Thierman, Steindler & Le Bow (Ronald S. Carner of counsel), for Edward Callahan and another, defendants. Smith, Murphy & Schoepperle (Linda Marsh Koenig of counsel), for Hartford Insurance Group and another, defendants. Shane & Franz (Michael Shane of counsel), for Howard Freeman and another, defendants. Charles F. Van Volkenberg for Village of Randolph, defendant.

THOMAS F. McGOWAN, J.

Firemen's Insurance Company of Newark, New Jersey (hereinafter Firemen's), moves for summary judgment on its declaratory judgment action. Firemen's is seeking a declaration that it has a lien for no-fault benefits against any settlement or recovery by Thelma and Edward Callahan in their tort action. Defendants in this action, the Callahans, cross-move for summary judgment declaring plaintiff's lien a nullity.

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