MATTER OF TRAVAGLIONE


36 Misc.2d 645 (1962)

In the Matter of The Estate of Carmine L. Travaglione, Deceased.

Surrogate's Court, Kings County.

September 6, 1962


Attorney(s) appearing for the Case

M. Malcolm Friedman and John H. Daniels for petitioner. Hyman Wank, as special guardian for infants. Joseph M. Soviero for State Insurance Fund.


MAXIMILIAN MOSS, S.

An issue has been raised as to priority of payment out of the proceeds of the cause of action for personal injuries. Petitioner contends that payment of her widow's exemption under subdivision 4 of section 200 of the Surrogate's Court Act is entitled to priority; the compensation carrier claims that its lien under subdivision 1 of section 29 of the Workmen's Compensation Law for compensation payments and medical expenses is prior to...

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