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RAMOS v. ALICIA CT. ENTERS., INC.

58 A.D.3d 709 (2009)

872 N.Y.S.2d 163

MITCHEL D. RAMOS, Respondent, v. ALICIA COURT ENTERPRISES, INC., et al., Defendants. COUNTY OF WESTCHESTER, Nonparty Appellant.

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

January 20, 2009.

Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court properly vacated the nonparty County of Westchester's "assertion of a lien" on the proceeds of a settlement of this personal injury action between the plaintiff and the defendants. Contrary to the County's contention, its exclusive remedy to recover moneys paid to the plaintiff pursuant to General Municipal Law § 207-c was a direct action against the tortfeasor, and not...

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