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Mechtly v. Moreno

Appellate Division of the Supreme Court of New York, Second Department
May 14, 1984
101 A.D.2d 829 (N.Y. App. Div. 1984)

Opinion

May 14, 1984


Appeal by purported defendant Eveready Insurance Company from an order of the Supreme Court, Richmond County (Lodato, J.), entered August 10, 1983, which, inter alia, (1) denied its application for an order directing that the parties (plaintiff Darla Mechtly and defendants Louis Moreno and Richmond Memorial Hospital and Medical Center) satisfy a no-fault lien asserted pursuant to subdivision 2 of section 673 Ins. of the Insurance Law in the sum of $50,000, and (2) granted plaintiff Darla Mechtly's cross motion to vacate the lien claimed by Eveready.


¶ Appeal dismissed, with costs payable by Eveready Insurance Company to plaintiff Darla Mechtly. ¶ Eveready Insurance Company was not a party to the instant medical malpractice action, and, under the circumstances of this case, has no standing to appeal (cf. CPLR 5511). ¶ Were we to reach the merits we would affirm. The proof supported the court's finding that the settlement proceeds paid on behalf of the noncovered tort-feasors reasonably represented an award for noneconomic loss, namely, pain and suffering. Further, while Eveready was on notice of the commencement of the trial in the medical malpractice action, it failed to have its representative appear either during trial or during the settlement negotiations instituted at the close of all the evidence in the case. Accordingly, Eveready cannot now be heard to complain. Mangano, J.P., O'Connor, Boyers and Eiber, JJ., concur.


Summaries of

Mechtly v. Moreno

Appellate Division of the Supreme Court of New York, Second Department
May 14, 1984
101 A.D.2d 829 (N.Y. App. Div. 1984)
Case details for

Mechtly v. Moreno

Case Details

Full title:DARLA MECHTLY, Respondent, v. LOUIS G. MORENO et al., Defendants, and…

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

Date published: May 14, 1984

Citations

101 A.D.2d 829 (N.Y. App. Div. 1984)