Ortiz v. Queens Transit Corp.

This case addresses whether a plaintiff in a negligence action can recover for basic economic loss from a third-party tort-feasor when a worker's compensation carrier has asserted a lien against the judgment proceeds. The Court reverses an order granting a new trial, holding that the plaintiff may not recover for basic economic loss from the third-party tort-feasor under these circumstances. Referencing Grello v Daszykowski, the court clarifies that if the workers' compensation carrier executes on its lien, the no-fault carrier must bear the loss, implying the plaintiff should seek recourse from the no-fault carrier rather than the third party for basic economic loss. This decision reiterates that subdivision 1 of section 673 of the Insurance Law prohibits recovery for basic economic loss from a covered third-party tort-feasor.

Ortiz v. Queens Transit Corp. is a workers' compensation case decided in Appellate Division of the Supreme Court of the State of New York. This case addresses legal issues related to compensation claims, benefits, and court rulings.

It is commonly referenced in legal research involving workers' compensation laws in Appellate Division of the Supreme Court of the State of New York.