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CARUSO v. JACKSON TRANSP.

15 A.D.2d 59 (1961)

David Caruso, as Administrator Ad Prosequendum and Administrator of The Estate of Rocco R. Caruso, Deceased, Respondent, v. Jackson Transportation Corp., Defendant; Liberty Mutual Insurance Company, Appellant

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

December 12, 1961.

Attorney(s) appearing for the Case

John Nielsen of counsel (Thomas O. Perrell with him on the brief; Perrell, Nielsen & Stephens, attorneys), for appellant.

Joel L. Scheinert of counsel (Kreindler & Kreindler, Harry E. Kreindler and Milton G. Sincoff with him on the brief; Joseph Tenner, attorney), for respondent.

Barry, Treanor, Shandell & Brophy for defendant.

BOTEIN, P. J., BREITEL, VALENTE, McNALLY and BERGAN, JJ., concur.

Per Curiam.

In February, 1957, while engaged in his employment, Rocco R. Caruso was assaulted and killed by an employee of defendant. Thereafter plaintiff, as administrator, brought a third-party action in this State for Caruso's death, and Bessie Caruso, the widow of the deceased, also made claim for workmen's compensation benefits in New Jersey. On February 6, 1959, the New Jersey Workmen's Compensation Bureau awarded...

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