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MTR OF GRANGER v. URDA

54 A.D.2d 377 (1976)

In the Matter of George Granger, Respondent, v. Fred A. Urda, as Clerk of The Supreme Court of Chenango County, Respondent, and Unigard Jamestown Mutual Insurance Co., Appellant

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

November 24, 1976

Attorney(s) appearing for the Case

Hinman, Howard & Katell (Peter J. Vivona of counsel), for appellant.

Peter J. McBride for George Granger, respondent.

KANE and MAIN, JJ., concur with LARKIN, J.; GREENBLOTT, J. P., and HERLIHY, J., dissent and vote to reverse in separate opinions.

LARKIN, J.

Petitioner George Granger sustained personal injuries in a work-related accident on March 25, 1974 involving a motor vehicle owned by one Thomas Tripple and operated by one Garland Jacobs. He received from the appellant Unigard Jamestown Mutual Insurance Co. (Unigard) the employer's workmen's compensation carrier, workmen's compensation payments in the sum of $7,832.72 and medical payments in the sum...

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