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MATTER OF McDOWELL v. LA VOY

59 A.D.2d 995 (1977)

In the Matter of the Claim of Susan P. McDowell, Respondent, v. Corbin La Voy, Doing Business as Empire Boring Co., et al., Appellants. Workmen's Compensation Board, Respondent

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

November 17, 1977

Respondent Workmen's Compensation Board moves to dismiss appeals of three alleged employers and their carriers. The board's decision overrules a referee's decision which held that a malpractice action against an attorney who failed to commence a timely wrongful death action was in fact a third-party action within the meaning of section 29 of the Workmen's Compensation Law, the settlement of which could be effected only with the consent of appellants. In reversing, the board...

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