Laudisio v Diamond "D" Constr. Corp.
2008 NY Slip Op 05264 [52 AD3d 1290] [52 AD3d 1290]
June 6, 2008
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 13, 2008


Dominic Laudisio et al., Plaintiffs, v Diamond "D" Construction Corporation, Respondent. Fireman's Fund Insurance Company et al., Appellants; Pacific Employers Insurance Company, Respondent.

—[*1] Law Offices of James E. Morris, Buffalo (Willard M. Pottle, Jr., of counsel), for appellant Fireman's Fund Insurance Company.

Steven M. Licht, Special Funds Conservation Committee, Albany (Jill B. Waldman of counsel), for appellant Special Funds Conservation Committee.

Rupp, Baase, Pfalzgraf, Cunningham & Coppola LLC, Buffalo (Lisa A. Coppola of counsel), for defendant-respondent.

Lustig & Brown, LLP, Buffalo (James J. Duggan of counsel), for respondent.

Appeal from a judgment (denominated order) of the Supreme Court, Erie County (Paula L. Feroleto, J.), entered August 2, 2007. The judgment granted defendant's motion and declared that the workers' compensation insurers' lien was extinguished on December 14, 2001, when plaintiffs and the workers' compensation insurers entered into a settlement agreement.

It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs. Present—Scudder, P.J., Martoche, Green, Pine and Gorski, JJ.