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ILLINOIS NATL. INS. CO. v. SCHUMANN

4894, 159868/14.

155 A.D.3d 431 (2017)

63 N.Y.S.3d 234

2017 NY Slip Op 07772

ILLINOIS NATIONAL INSURANCE COMPANY, Respondent, v. ROBERT SCHUMANN et al., Appellants.

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

Decided November 9, 2017.

The motion court correctly determined that defendants owed plaintiff the balance of its Workers' Compensation Law § 29 lien and that defendants had failed to prove an accord and satisfaction of the lien, as there was no bona fide dispute concerning the amount due and owing (Marine Midland Bank v Scallen, 161 A.D.2d 103, 105 [1st Dept 1990]).

In any event, and as a separate rationale for the result, the motion court providently...

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