MATTER OF GRANGER v. URDA


44 N.Y.2d 91 (1978)

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.

Court of Appeals of the State of New York.

Decided March 28, 1978.


Attorney(s) appearing for the Case

Peter J. Vivona for appellant.

Peter J. McBride for respondent.

Peter M. Pryor, Raymond C. Green, Leonard M. Schnitzer and Mark Slotkin for The State Insurance Fund, amicus curiae.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER and FUCHSBERG concur.


COOKE, J.

The narrow issue presented here is whether a workmen's compensation carrier, which has made payments for compensation and medical expenses to a claimant injured during the course of his employment, may assert a lien pursuant to subdivision 1 of section 29 of the Workmen's Compensation Law against the proceeds of a judgment obtained by the claimant against a third-party tort-feasor pursuant to article...

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