Plaintiffs move for summary judgment in an action to recover on a lien created by subdivision 1 of section 29 of the Workmen's Compensation Law.
Plaintiffs were the compensation carrier of Aberdeen Co., whose employee Charles McLemoure, the third-party defendant, was injured while driving its truck on May 7, 1960, when it was struck by a vehicle owned and operated by one Daniels, who was insured by the defendant.
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