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MARSHALL v. 426-428 WEST 46TH STREET OWNERS, INC.

33 A.D.3d 444 (2006)

821 N.Y.S.2d 884

MICHELLE MARSHALL, Respondent, v. 426-428 WEST 46TH STREET OWNERS, INC., et al., Respondents. PRIMAX RECOVERIES INCORPORATED, Nonparty Appellant.

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

Decided October 17, 2006.

The reimbursement provision in plaintiff's medical benefits plan is virtually identical to that in Halloran v Don's 47 W. 44th St. Rest. Corp. (255 A.D.2d 206 [1998]), wherein we upheld the denial of intervention by a health insurer on the grounds that it would be premature and could place the insurer's interests in conflict with those of its insured. We decline appellant's invitation to reconsider our reasoning in that case. Accordingly...

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