KIRTON v. COUNTY OF WESTCHESTER

2018-07983. Index No. 70522/17.

189 A.D.3d 809 (2020)

137 N.Y.S.3d 444

2020 NY Slip Op 07181

Glenn Kirton, Appellant, v. County of Westchester, Respondent.

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

Decided December 2, 2020.


Attorney(s) appearing for the Case

Aaron G. Baily , Hawthorne, NY, for appellant.

John M. Nonna , County Attorney, White Plains, NY ( Linda Trentacoste and Justin R. Adin of counsel), for respondent.

Rivera, J.P., Leventhal, LaSalle and Brathwaite Nelson, JJ., concur.


Ordered that the order is affirmed insofar as appealed from, with costs, and the matter is remitted to the Supreme Court, Westchester County, for the entry of a judgment declaring that the defendant is entitled to a lien on the plaintiff's settlement proceeds in the amount of $14,890.76.

In 2010, the plaintiff was injured when he tripped and fell on a sidewalk. He commenced a personal injury action against the alleged tortfeasors and, in February 2016, obtained a...

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