MATTER OF MIODUCKI v. HERBERT BURMAN, INC.


18 A.D.2d 852 (1963)

In the Matter of the Claim of Walter T. Mioducki, Respondent, v. Herbert Burman, Inc., et al., Appellants, and Manhattan Casualty Co., Respondent. Workmen's Compensation Board, Respondent

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

January 11, 1963


The sole issue presented is whether the board should have apportioned the award between two carriers. The facts are not in dispute. A policy of workmen's compensation insurance issued by respondent, Manhattan Casualty Company, was in force on August 25, 1960 on which date appellant also issued its binder to the employer. On August 31, 1960 the former served an appropriate notice of cancellation of its contract of insurance effective September 11, 1960. The accidental injury...

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