Opinion
June 17, 1997
Appeal from the Supreme Court, New York County (Sherry Klein Heitler, J.).
The transaction in issue, made after trial and apportionment of liability, was correctly held to be sanctioned by Feldman v. New York City Health Hosps. Corp. ( 56 N.Y.2d 1011, revg 84 A.D.2d 166, for reasons set forth in 107 Misc.2d 145) as "an agreement in which a stranger to the litigation loaned the main defendant the amount necessary to pay the plaintiff so that it could then seek contribution from the third-party defendant" ( Gonzales v. Armac Indus., 81 N.Y.2d 1, 7). Defendant's insurance carrier is not entitled to a complete lien on the proceeds collected by plaintiff or plaintiff's assignor, defendant's third-party judgment creditor in the underlying action for 25% of the judgment ( see, Palma v. Ben Cal Assocs., 161 A.D.2d 567, lv dismissed 77 N.Y.2d 834, 78 N.Y.2d 1092 [ construing Workers' Compensation Law § 29]). The court properly calculated the statutory interest.
Concur — Murphy, P.J., Wallach, Rubin, Tom and Andrias, JJ.