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FERLAZZO v. 18TH AVE HARDWARE

30940/09

33 Misc.3d 421 (2011)

929 N.Y.S.2d 690

2011 NY Slip Op 21298

MARIE FERLAZZO, Plaintiff, v. 18TH AVENUE HARDWARE, INC., et al., Defendants.

Supreme Court, Kings County.

Decided August 22, 2011.

Attorney(s) appearing for the Case

Zwirn & Saulino , Brooklyn, for plaintiff.

McLaughlin & Stern , New York City, for defendants.

OPINION OF THE COURT

DAVID I. SCHMIDT, J.

Plaintiff Marie Ferlazzo moves, by way of order to show cause, for an order extinguishing the liens and/or subrogation rights asserted by Oxford Health Plan and the Rawlings Company, LLC (collectively, Oxford) against plaintiff's settlement proceeds from the underlying personal injury action.

Plaintiff commenced this action on December 7, 2009 to recover damages for personal injuries sustained on December...

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