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SCHEMPP v. CITY OF N. Y.

30 A.D.2d 129 (1968)

Elaine Schempp, as Administratrix of The Estate of John T. Schempp, Deceased, Respondent-Appellant, v. City of New York, Respondent. Special Disability Fund, Appellant. Liberty Mutual Insurance Company, Respondent

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

May 28, 1968.

Attorney(s) appearing for the Case

Gilbert Siegal of counsel (Harry Merwin with him on the brief; Garrell & Garrell, attorneys), for respondent-appellant.

John M. Cullen of counsel for Special Disability Fund, appellant.

Albert P. Thill for Liberty Mutual Insurance Company, respondent.

BOTEIN, P. J., STEVENS and McGIVERN, JJ., concur with McNALLY, J.; EAGER, J., dissents in opinion.

McNALLY, J.

The questions presented by this appeal are (1) whether the judgment herein arose out of a third-party action within the meaning of section 29 of the Workmen's Compensation Law, and (2) the lien, if any, of the Special Disability Fund, established under subdivision 8 of section 15 of the said statute.

Decedent was employed by United Parcel Service as a driver's helper. On October 3, 1958 decedent...

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