FERNANDEZ v. TOYOTA LEASE TRUST

5149N. 24883/14E.

156 A.D.3d 435 (2017)

64 N.Y.S.3d 553

2017 NY Slip Op 08496

VINCENT D. FERNANDEZ, Respondent, v. TOYOTA LEASE TRUST et al., Defendants. THE HARTFORD, Workers' Compensation Carrier, Nonparty Appellant.

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

Decided December 5, 2017.


The court was without authority to arbitrarily divide the proposed settlement amount equally between plaintiff, plaintiff's counsel and the Hartford, or to strike, waive or reduce any portion of the Hartford's lien, beyond its share of the litigation expenses, including attorney's fees, so that plaintiff could recover more. The court was authorized only to equitably divide the actual and demonstrable litigation costs and fees between plaintiff and the Hartford, reflecting...

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