From Casetext: Smarter Legal Research

Halloran v. Don's 47 West 44th Street Restaurant Corp.

Appellate Division of the Supreme Court of New York, First Department
Nov 17, 1998
255 A.D.2d 206 (N.Y. App. Div. 1998)

Opinion

November 17, 1998

Appeal from the Supreme Court, New York County (Salvador Collazo, J.).


The motion of Principal Mutual Life Insurance Company, plaintiff's health insurance carrier, to intervene so as to protect its right to reimbursement for insurance payments made to plaintiff, was premature because, by the terms of its policy insuring plaintiff, appellant insurer has no right to reimbursement until plaintiff actually recovers compensation for medical services already paid for by appellant, and, as of the time of appellant's request for intervention, no such recovery had been made by plaintiff ( see, Humbach v. Goldstein, 229 A.D.2d 64, 68, lv dismissed 91 N.Y.2d 921). Appellant's intervention in this action at this time would also be inappropriate since it would likely have the consequence of placing its interests in impermissible conflict with those of its insured ( see, Berry v. St. Peter's Hosp., 250 A.D.2d 63, 68-69; Humbach v. Goldstein, 229 A.D.2d, supra, at 67).

Concur — Nardelli, J. P., Rubin, Tom and Andrias, JJ.


Summaries of

Halloran v. Don's 47 West 44th Street Restaurant Corp.

Appellate Division of the Supreme Court of New York, First Department
Nov 17, 1998
255 A.D.2d 206 (N.Y. App. Div. 1998)
Case details for

Halloran v. Don's 47 West 44th Street Restaurant Corp.

Case Details

Full title:KAREN R. HALLORAN, Plaintiff, and PRINCIPAL MUTUAL LIFE INSURANCE COMPANY…

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

Date published: Nov 17, 1998

Citations

255 A.D.2d 206 (N.Y. App. Div. 1998)
680 N.Y.S.2d 227

Citing Cases

Omiatek v. Marine Midland Bank

Thus, although CPLR 4545 (c) requires a reduction of the damages for medical expenses with respect to…

Mittenthal v. New York Univ. Sch. of Med.

In opposition, plaintiff's counsel asserts that Vivendi has failed to establish to that intervention is…