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COMRS. OF STATE INS. FUND v. O'DWYER

37 A.D.2d 297 (1971)

Commissioners of the State Insurance Fund, Respondents, v. Paul O'DWYER and Oscar Bernstien, Practicing Law Under the Firm Name of O'DWYER & Bernstien, et al., Appellants, et al., Defendants

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

October 19, 1971.

Attorney(s) appearing for the Case

Howard N. Meyer of counsel (Paul O'Dwyer and Howard N. Meyer on the brief; O'Dwyer & Bernstien, attorneys for Paul O'Dwyer and another; Lynch & Kelly, attorneys for Aetna Insurance Company), appellants.

Leonard M. Schnitzer of counsel (Herbert Lasky, attorney), for respondents.

Herman B. Gerringer for New York State Trial Lawyers Association, amicus curiae.

CAPOZZOLI, J. P., McGIVERN, KUPFERMAN and MURPHY, JJ., concur.

STEUER, J.

In 1956 Richard Crown met with an accident. As a result thereof he received workmen's compensation insurance in the sum of $2,943.60 paid by the State Insurance Fund as carrier for Vinny Service Corporation, Crown's employer. The fund additionally paid medical bills amounting to $2,163.47. Crown also instituted a third-party action against one Lepper in which the defendants O'Dwyer and Bernstien acted...

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