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McGEE v. HORVAT

23 A.D.2d 271 (1965)

Hilda McGee, as Administratrix of The Estate of William McGee, Deceased, Respondent-Appellant, v. John P. Horvat et al., Respondents; Motor Vehicle Accident Indemnification Corporation, Proposed Intervenor-Appellant

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

June 1, 1965.

Attorney(s) appearing for the Case

Leonard Hemley, Robert E. Sheller and Arthur J. Cooperman for proposed intervenor-appellant.

Nathan L. Levine for respondent-appellant.

McLaughlin & Quinn (James A. Quinn of counsel), for John P. Horvat, respondent.

McCarthy & McGrath (Edward S. Marshall of counsel), for Fred W. Jungbluth, respondent.

BELDOCK, P. J., UGHETTA, CHRIST and HILL, JJ., concur.

BRENNAN, J.

Three questions are presented for determination: (1) whether MVAIC is entitled to the proceeds of any recovery by the plaintiff in this pending death action, to the extent of the payment heretofore made by MVAIC to the plaintiff on account of the same injuries and death; (2) if so, whether MVAIC may intervene in the action to enforce that right; and (3) whether a defendant in the action may plead...

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