DAVID v. DAVID

2018-14356. Index No. 710805/17.

194 A.D.3d 691 (2021)

143 N.Y.S.3d 602

2021 NY Slip Op 02784

Zachary David et al., Respondents, v. Dimitri F. David, et al., Defendants. Horizon Blue Cross Blue Shield of New Jersey, Nonparty Appellant.

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

Decided May 5, 2021.


Attorney(s) appearing for the Case

Tansey Tracy LLC, Staten Island, NY ( James N. Tracy of counsel), for nonparty-appellant.

Henry W. Davoli, Jr. , Rockville Centre, NY, for respondents.

Mastro, A.P.J, Rivera, Miller and Duffy, JJ., concur.


Ordered that the infant compromise order is reversed insofar as appealed from, on the law, without costs or disbursements, that branch of the plaintiffs' motion which was for a declaration that the lien and subrogation claim asserted by nonparty Horizon Blue Cross Blue Shield of New Jersey was not enforceable against the infant plaintiff's settlement proceeds is denied, and the matter is remitted to the Supreme Court, Queens County, for the entry of an amended infant compromise...

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