BIETTE v. BAXTER


78 A.D.2d 481 (1981)

Robert C. Biette, Respondent, v. Evelyn M. Baxter, Respondent, and Zimmer-Pete, Inc., et al., Appellants

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

January 29, 1981


Attorney(s) appearing for the Case

Friedman, Maksail & Hirschen (Thomas H. Hirschen of counsel), for appellants.

Richard T. Horigan for Evelyn M. Baxter, respondent.

MAHONEY, P. J., KANE, MAIN and CASEY, JJ., concur.


SWEENEY, J.

On this appeal, we are concerned with a single question of law. Does subdivision 2 of section 673 of the Insurance Law authorize a lien on these undisputed facts? Plaintiff was injured when his motorcycle was in a collision with an automobile owned and operated by defendant Baxter. Plaintiff received medical treatment for the injuries sustained, including surgical installation of a femoral compression

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