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WESTCHESTER FIRE v. NESBITT

86 A.D.2d 23 (1982)

Westchester Fire Insurance Co., Appellant, v. James C. Nesbitt et al., Respondents

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

April 2, 1982

Attorney(s) appearing for the Case

Cox, Barrell, Walsh, Roberts & Grace (Dale A. Ehman of counsel), for appellant.

Hemierl, Keenan & Stiller (David G. Stiller of counsel), for James C. Nesbitt, respondent.

Saperston, Day, Lustig, Gallick, Kirschner & Gaglione (Lawrence A. Schulz of counsel), for Fireman's Fund Insurance Cos., respondent.

HANCOCK, JR., J. P., DOERR, DENMAN and BOOMER, JJ., concur.

SCHNEPP, J.

Plaintiff is the insurer of the owner of an automobile which, while being operated by one Caplick in his garage business, struck and injured a pedestrian. Caplick had a garageman's policy of liability insurance and his insurer settled the pedestrian's personal injury action. Plaintiff, which has paid first-party no-fault benefits to the pedestrian, seeks to impose a lien on the settlement under subdivision...

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