MARMOL v. MUTINO

Index No. 300802/11. Appeal No. 15270. Case No. 2021-01161.

202 A.D.3d 540 (2022)

159 N.Y.S.3d 670

2022 NY Slip Op 00970

Romi Marmol, Appellant, v. Joseph Mutino, Defendant. City of New York Human Resources Administration Office of Legal Affairs Liens and Recovery, Nonparty Respondent.

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

Decided February 15, 2022.


Attorney(s) appearing for the Case

Gardiner & Nolan, Brooklyn ( William Gardiner of counsel), for appellant.

Georgia M. Pestana , Corporation Counsel, New York ( Amy McCamphill of counsel), for City of New York Human Resources Administration, respondent.

Concur—Manzanet-Daniels, J.P., Oing, González, Shulman, Higgitt, JJ.


HRA asserted a lien on the proceeds of plaintiff's settlement of an action arising out of an automobile accident in an amount representing the total amount of the medical bills it paid in connection with the treatment of the injuries plaintiff sustained in the accident (see Social Services Law § 104-b). However, plaintiff was barred from suing for medical expenses, because her basic economic losses were less than $50,000 (see Insurance Law § 5102[a...

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