Public-domain · open source
OpenJurist

57 N.Y.2d 698

Biette v. Baxter

New York Court of Appeals

Decided September 2, 1982

New York Court of Appeals · decided 1982-09-02

Cited by 4 later decisions — most recently June 2018

Good law ✅— No negative treatment on recordhow we know

Decided 1982-09-02

View the full empirical analysis of this case →

¶1OPINION OF THE COURT

¶2Memorandum.

¶3On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 500.2 [b]), the order of the Appellate Division should be reversed, with costs, the motion to vacate the lien denied and the question certified answered in the affirmative.

¶4A no-fault insurer which pays first-party benefits to a covered person injured through the use or operation of a motor vehicle has a lien for medical expenses and lost wages against a recovery from the manufacturer of a defective prosthetic device installed as a result of the injury. Though not a joint tort-feasor the manufacturer is a noncovered person whose product aggravated the personal injury for which the insurer was required to pay first-party benefits and, under the provisions of subdivision 2 of section 673 of the Insurance Law, the insurer, therefore, has a lien for such payments against any recovery from the manufacturer (Aetna Ins. Co. v Springsteen, 78 AD2d 532).

¶5*700Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Fuchsberg and Meyer concur in memorandum; Judge Gabrielli taking no part.

¶6On review of submissions pursuant to rule 500.2 (b), order reversed, etc.

/57/ny2d/698 · .json · Public domain