MATTER OF COSTANZO v. SEC. MUT. INS. CO.


44 A.D.2d 626 (1974)

In the Matter of Benedetto Costanzo, Jr., Respondent, v. Security Mutual Insurance Company, Appellant, and Morris Rosen & Sons et al., Respondents. Workmen's Compensation Board, Respondent

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

March 21, 1974


The facts are not in dispute. On June 18, 1970 claimant, a laborer, was injured at work on a job site in Newark, New Jersey. He filed his compensation claim in New York, however, and was paid benefits by the appellant from the date of injury until at least February 2, 1972. On January 7, 1972 a referee made a finding of dual coverage for the employer by appellant and Public Service Mutual. In its application for review of this determination by the board, appellant contended...

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