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CARCIONE v. ESSEX HOMES OF WNY, INC.

1227 CA 19-00577.

179 A.D.3d 1519 (2020)

117 N.Y.S.3d 780

2020 NY Slip Op 00768

Thomas Carcione, Respondent, v. Essex Homes of WNY, Inc., et al., Respondents/Third-Party Plaintiffs-Respondents, et al., Defendant. R.M. Wick, Inc., Third-Party Defendant-Respondent. The Hartford Insurance Company, Nonparty Appellant.

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

Decided January 31, 2020.

It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs and the motion is denied.

Memorandum: Plaintiff commenced this action seeking damages for an injury he sustained in a work-related accident on November 4, 2008. As a result of that injury, nonparty The Hartford Insurance Company (Hartford), the workers' compensation insurer for plaintiff's employer, paid benefits to plaintiff and claimed a lien in the amount of those...

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