MATTER OF MINNITTI v. FLEET MESSENGER SERV.


4 A.D.2d 916 (1957)

In the Matter of the Claim of Dominick Minnitti, Respondent, v. Fleet Messenger Service et al., Appellants. Workmen's Compensaton Board, Respondent

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

October 19, 1957


The claimant was injured while in the course of his employment by the negligence of a third party. A third-party action was brought by the claimant; the defendant offered to settle for $2,500. The appellants refused to consent to a settlement in that amount and it does not appear that their consent was ever again requested. Subsequently, a judgment was entered in the third-party action in the amount of $3,250. It appears that a jury was waived and that the proof in

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