JOHNSON v. GIANINO


279 A.D. 760 (1951)

Peter J. Johnson, Appellant, v. Emanuel Gianino, Respondent

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

December 17, 1951.


In our opinion the references to workmen's compensation, complained of, were unnecessary and improper. (Regan v. Frontier Elevator & Mill Co., 211 App. Div. 164; Zimber v. Kress, 225 App. Div. 16, 18.) However, the record discloses that appellant's attorney himself brought out, by a request to charge, and by a statement made on trial, the fact that plaintiff had received such compensation and that the compensation carrier had a lien on any recovery by plaintiff...

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