HEREFORD INSURANCE COMPANY v. PAITOU

2009-01976

73 A.D.3d 859 (2010)

899 N.Y.S.2d 887

HEREFORD INSURANCE COMPANY, Appellant, v. JUSTICE PAITOU, Defendant, and ROSILLO & LICATA, Respondent.

Appellate Division of the Supreme Court of New York, Second Department.

Decided May 11, 2010.


Ordered that the order is affirmed insofar as appealed from, with costs.

Workers' Compensation Law § 29(1) provides in relevant part that a workers' compensation carrier is entitled to a lien on the proceeds of a personal injury action in order to reimburse it for certain payments made on behalf of an insured "after the deduction of the reasonable and necessary expenditures, including attorney's fees, incurred in effecting such recovery." Contrary to the plaintiff...

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