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COMRS. OF STATE INS. FUND v. CROWN

65 Misc.2d 593 (1970)

Commissioners of the State Insurance Fund, Appellants, v. Richard Crown et al., Respondents.

Supreme Court, Appellate Term, First Department.

November 12, 1970

Attorney(s) appearing for the Case

Herbert Lasky and Leonard M. Schnitzer for appellants. Lynch & Kelly (Hugh J. Boylan of counsel), for Ætna Insurance Company, respondent. O'Dwyer & Bernstien (Paul O'Dwyer and Howard N. Meyer of counsel), for themselves and Richard Crown, respondents.

Concur — GOLD, J. P., MARKOWITZ and QUINN, JJ.

Per Curiam.

Prejudgment interest is not recoverable on the workmen's compensation lien provided by section 29 of the Workmen's Compensation Law, just as prejudgment interest is not recoverable on personal injury claims. Such lien attaches to and becomes part of the third-party claim when a third-party action is instituted. When judgment is entered on the third-party claim, part thereof represents the amount of the...

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