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COMRS. OF STATE INS. FUND v. McCARTHY

36 Misc.2d 956 (1962)

Commissioners of the State Insurance Fund, Plaintiffs, v. Geraldine McCarthy et al., Defendants.

Supreme Court, Special Term, New York County.

October 3, 1962

Attorney(s) appearing for the Case

Joseph M. Soviero, Arnold M. Herzog and Leonard M. Schnitzer for plaintiffs. David W. Lincoln for Geraldine McCarthy, defendant. Eugene A. Wolkoff for Parnell J. T. Callahan, defendant.

SAUL S. STREIT, J.

This is a motion and cross motion for summary judgment.

The action is to recover the balance of payment allegedly due under a lien created by section 227 of the Workmen's Compensation Law and which lien attached to any sum received by the injured party in an independent action for the injuries received.

The defendant, McCarthy, received specific disability benefits from the...

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