MATTER OF MARCONI v. MARSHALL


284 A.D. 728 (1954)

In the Matter of the Claim of Patricia Marconi, Respondent, v. Robert Marshall et al., Appellants Workmen's Compensation Board, Respondent

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

October 20, 1954.


Attorney(s) appearing for the Case

S. Chandler Fraser for appellants.

Nathaniel L. Goldstein, Attorney-General (Harry Pastor and Roy Wiedersum of counsel), for Workmen's Compensation Board, respondent.

FOSTER, P. J., COON, HALPERN and IMRIE, JJ., concur.


BERGAN, J.

The deceased employee died on November 7, 1944, and a third-party action was settled. There was a net recovery to the widow of $7,113.95. The Workmen's Compensation Board directed that the insurance carrier, an appellant here, be credited with the net settlement. The board suspended payments of compensation to the widow until the credit created by the settlement was exhausted, which, it was found, would...

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