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KOUTRAKOS v. LONG ISLAND COLL. HOSP.

39 N.Y.2d 1026 (1976)

Christala Koutrakos, Individually and as Administratrix of The Estate of James Koutrakos, Deceased, Appellant, v. Long Island College Hospital et al., Defendants. Great American Insurance Company, Respondent.

Court of Appeals of the State of New York.

Decided July 13, 1976.

Attorney(s) appearing for the Case

Ira J. Raab, David Levine and Jeffrey M. Samuels for appellant.

Leonard J. Linden for respondent.

Louis J. Lefkowitz, Attorney-General (Henriette Frieder, Samuel A. Hirshowitz and Daniel Polansky of counsel), in his statutory capacity under section 71 of the Executive Law.

Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE.

Order affirmed, without costs, in the following memorandum: We affirm on the opinion of Mr. Justice J. IRWIN SHAPIRO at the Appellate Division, noting that, while the Legislature has since amended the statute (Workmen's Compensation Law, § 29, subd 1, as amd by L 1975, ch 190, § 1), its effective date (June 10, 1975) did not precede either the settlement of the third-party action or the court's order fixing payment of the lien (cf. Codling v Paglia,

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