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MTR. OF DOUGHERTY v. QUAKENBUSH CO.

10 A.D.2d 125 (1960)

In the Matter of the Claim of Thomas J. Dougherty, Respondent v. J. F. Quakenbush Waverly Stage Co. et al., Appellants, and Special Disability Fund, Respondent. Workmen's Compensation Board, Respondent

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

March 18, 1960.

Attorney(s) appearing for the Case

Morris N. Lissauer, Charles G. Tierney and George J. Hayes for appellants.

Mandeville Buck for claimant-respondent.

John M. Cullen for Special Disability Fund, respondent.

Louis J. Lefkowitz, Attorney-General, for Workmen's Compensation Board, respondent.

BERGAN, P. J., COON, HERLIHY and REYNOLDS, JJ., concur.

GIBSON, J.

This is a second-injury case under the Workmen's Compensation Law. In question is the effect of a recovery in a third-party action upon the carrier's right to reimbursement from the Special Disability Fund under subdivision 8 of section 15 of the Workmen's Compensation Law. The employee's right to compensation in the amount awarded is conceded, as is the eventual liability of the Special Fund; the...

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