TREZZA v. TREZZA

2011-07772.

104 A.D.3d 37 (2012)

957 N.Y.S.2d 380

2012 NY Slip Op 9048

JANINE TREZZA, Respondent, v. DANA TREZZA et al., Defendants. OXFORD HEALTH PLANS et al., Nonparty Appellants.

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

December 26, 2012.


Attorney(s) appearing for the Case

Robinson & Cole LLP, New York City ( Thomas J. Donlon and Linda L. Morkan of counsel), for nonparty appellants.

Bruce Montague & Partners, Bayside ( Craig I. Gardy of counsel), for respondent.

FLORIO, J.P., SGROI and MILLER, JJ., concur.


OPINION OF THE COURT

DICKERSON, J.

In 2009, the legislature enacted General Obligations Law § 5-335 to protect a plaintiff who settles an action to recover damages for personal injuries from being subject to certain subrogation or reimbursement claims by health benefit providers. The statute provides that "[e]xcept where there is a statutory right of reimbursement," no party who enters into a settlement "shall be subject to a subrogation claim or claim...

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