COMRS. OF STATE INS. FUND v. MILLER


4 A.D.2d 481 (1957)

Commissioners of the State Insurance Fund, Plaintiffs, v. Jack Miller, Defendant

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

October 22, 1957.


Attorney(s) appearing for the Case

Gladys M. Foster of counsel (William H. Stieglitz and Arnold M. Herzog with her on the brief; Charles G. Tierney, attorney), for plaintiffs.

Richard B. Schwartz for defendant.

PECK, P. J., BREITEL, RABIN and FRANK, JJ., concur.


BOTEIN, J.

A controversy between the parties as to the enforcibility of a lien under the Workmen's Compensation Law has been submitted to this court for decision upon an agreed statement of facts, pursuant to sections 546-548 of the Civil Practice Act. The facts, as stipulated by the parties, are as follows.

Defendant, an employee, was injured in the course of his employment as the result of an accident allegedly caused by the negligence of one...

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