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MATTER OF SIGISMONDI v. SIGISMONDI EXCAVATORS, INC.

33 A.D.2d 944 (1970)

In the Matter of the Claim of Josephine Sigismondi, Respondent-Appellant, v. Sigismondi Excavators, Inc., et al., Appellants-Respondents. Workmen's Compensation Board, Respondent

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

January 20, 1970

Motion for reargument granted; cross motion for reargument denied. Upon reargument, original decision, dated October 28, 1969 [33 A.D.2d 625], modified by deleting the last sentence of the sixth paragraph and the decretal paragraph and substituting therefor: However, we find that the amount of credit the board allowed the carrier was improper. The carrier is entitled to a credit of $53,000 (the value fixed by the Supreme Court for wrongful...

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