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Marshall v.426-428 West St. Owners

Appellate Division of the Supreme Court of New York, First Department
Oct 17, 2006
33 A.D.3d 444 (N.Y. App. Div. 2006)

Opinion

No. 9260N.

October 17, 2006.

Order, Supreme Court, New York County (Jane S. Solomon, J.), entered December 13, 2005, which denied nonparty appellant's motion to intervene, unanimously affirmed, with costs.

Before: Saxe, J.P., Marlow, Nardelli, Sweeny and Catterson, JJ.


The reimbursement provision in plaintiff's medical benefits plan is virtually identical to that in Halloran v Don's 47 W. 44th St. Rest. Corp. ( 255 AD2d 206), wherein we upheld the denial of intervention by a health insurer on the grounds that it would be premature and could place the insurer's interests in conflict with those of its insured. We decline appellant's invitation to reconsider our reasoning in that case. Accordingly, it is unnecessary to address the other contentions for affirmative relief. The motion court adequately addressed appellant's concerns by directing segregation in the eventual settlement or judgment of the amount of medical benefits paid on plaintiff's behalf.


Summaries of

Marshall v.426-428 West St. Owners

Appellate Division of the Supreme Court of New York, First Department
Oct 17, 2006
33 A.D.3d 444 (N.Y. App. Div. 2006)
Case details for

Marshall v.426-428 West St. Owners

Case Details

Full title:MICHELLE MARSHALL, Respondent, v. 426-428 WEST 46TH STREET OWNERS, INC.…

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

Date published: Oct 17, 2006

Citations

33 A.D.3d 444 (N.Y. App. Div. 2006)
2006 N.Y. Slip Op. 7414
821 N.Y.S.2d 884

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