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HEATH v. STATE OF NEW YORK

278 A.D. 8 (1951)

Irving L. Heath, Respondent, v. State of New York, Appellant

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

March 7, 1951.

Attorney(s) appearing for the Case

Nathaniel L. Goldstein, Attorney-General (Wendell P. Brown, Solicitor-General and Henry S. Manley, of counsel), for appellant.

William E. Night for respondent.

FOSTER, P. J., HEFFERNAN, BREWSTER, and COON, JJ., concur.

BERGAN, J.

An employer whose workmen's compensation coverage was furnished by the State Insurance Fund has had a judgment in the Court of Claims against the State of New York for the value of legal services incurred before the Workmen's Compensation Board upon the theory that the State is liable for the contractual obligations of the fund.

In the proceedings before the board the State Insurance Fund had...

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