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CONTINENTAL INDEM. CO. v. REDZEMATOVIC

Index No. 156930/21, Appeal. No. 16123, Case No. 2022-00683.

206 A.D.3d 466 (2022)

168 N.Y.S.3d 307

2022 NY Slip Op 03866

Continental Indemnity Company et al., Respondents, v. Aisa Redzematovic, Appellant.

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

Decided June 14, 2022.

Attorney(s) appearing for the Case

The Dauti Law Firm, P.C., New York (Ylber Albert Dauti, of counsel) for appellant.

Gottlieb Ostrager LLP, Islandia (Aaron E. Meyer, of counsel) for respondents.

Concur— Webber, J.P., Gesmer, Oing, Singh, Kennedy, JJ.

Plaintiffs seek to assert the lien provided by Workers' Compensation Law § 29(1) against the monies received by defendant in settlement of her legal malpractice action against her prior attorneys who failed to timely commence an action against the tortfeasors responsible for her workplace accident. Workers' Compensation Law § 29(1) provides that, if an employee who is eligible for workers' compensation benefits is injured "by the negligence or wrong of another not...

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