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McKAY v. TN. OF W. SENECA

51 A.D.2d 373 (1976)

In the Matter of the Claim of Terry T. McKay, Appellant, v. Town of West Seneca et al., Respondents. Workmen's Compensation Board, Respondent

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

April 1, 1976

Attorney(s) appearing for the Case

Harrison & Gruber (John J. Gruber of counsel), for appellant.

Brown, Kelly, Turner, Hassett & Leach (Marvin Mason of counsel), for Town of West Seneca and another, respondents.

Louis J. Lefkowitz, Attorney-General (Daniel Polansky of counsel), for Workmen's Compensation Board, respondent.

SWEENEY and KANE, JJ., concur with KOREMAN, P. J.; GREENBLOTT and MAHONEY, JJ., dissent and vote to affirm in an opinion by MAHONEY, J.

KOREMAN, P. J.

The claimant, a police officer in the Town of West Seneca, was injured in an automobile accident on December 10, 1967 while in the course of his duties. He brought a third-party action against the owner and operator of the car involved in the accident, and filed a form C-121 claim for compensation and notice of commencement of third-party action. That action was settled at a pretrial conference...

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