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HYDE v. NORTH RIVER INS. CO.

92 A.D.2d 1001 (1983)

Burlton T. Hyde, Respondent, v. North River Insurance Company, Appellant

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

March 10, 1983

Does a carrier which pays first-party no-fault benefits to its injured insured for his basic economic loss have an enforceable lien against the proceeds of a judgment against the tort-feasor when the recovery is solely for pain, suffering and future economic loss? We hold it does not. Plaintiff sustained catastrophic injuries when the automobile in which he was a passenger was forced off the road by an unidentified vehicle and...

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