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MATTER OF PETTERSON v. DAYSTROM CORP.

21 A.D.2d 582 (1964)

In the Matter of the Claim of Betty J. Petterson, as the Widow of Einar A. Petterson, Deceased, Respondent, v. Daystrom Corp. et al., Appellants. Workmen's Compensation Board, Respondent

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

August 14, 1961.

Attorney(s) appearing for the Case

Alexander, Ash & Schwartz (Sidney A. Schwartz and William N. Mairs, Jr., of counsel), for appellants.

Thurston Greene for claimant-respondent.

Louis J. Lefkowitz, Attorney-General (Daniel Polansky and Morris N. Lissauer of counsel), for Workmen's Compensation Board, respondent.

Foley & Smit for American Mutual Insurance Alliance and Association of New York State Mutual Casualty Companies, amici curiæ.

TAYLOR, AULISI and HAMM, JJ., concur in Per Curiam opinion; GIBSON, P. J., dissents and votes to reverse, in opinion in which REYNOLDS, J., concurs.

Per Curiam.

The sole issue to be determined is whether the carrier is entitled to a credit against the proceeds of the settlement of a wrongful death action instituted in the State of Connecticut.

A resident of this State and an employee of Daystrom Corporation, decedent, a passenger, sustained injuries in the course of his employment on March 15, 1958 when an automobile owned by Triboro-Drive-It-Yourself,...

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