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GRELLO v. DASZYKOWSKI

58 A.D.2d 412 (1977)

Nicholas Grello, Appellant, v. Stanislaw Daszykowski, Defendant. Public Service Mutual Insurance Company, Respondent

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

July 18, 1977

Attorney(s) appearing for the Case

Shayne, Dachs, Weiss, Kolbrener, Stanisci & Harwood (Norman H. Dachs of counsel), for appellant.

Julius Gantman (James B. Reich of counsel), for respondent.

DAMIANI, J., concurs with MARGETT, J.; SHAPIRO, J., concurs in the result, with an opinion; HOPKINS, J. P., and RABIN, J., dissent and vote to affirm the order for the reasons set forth in the dissenting opinion of GREENBLOTT, J., in Matter of Granger v Urda (, 381-382).

MARGETT, J.

The narrow issue in this case is whether a workmen's compensation lien filed by respondent Public Service Mutual Insurance Company against the proceeds of any recovery had by the plaintiff in an underlying personal injury action arising out of an automobile accident should be vacated. In a larger sense, this case poses the question whether New York's no-fault law operates to deprive persons seriously injured in the course of their employment...

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