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MTR. OF MCDOWELL v. LA VOY

63 A.D.2d 358 (1978)

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

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

July 27, 1978

Attorney(s) appearing for the Case

Thomas J. Walsh for Corbin La Voy, appellant.

Ainsworth, Sullivan, Tracy & Knauf (John E. Knauf of counsel), for County Excavation, Inc., and another, appellants.

Walworth, Harding, Welt & Stockton (Robert S. Stockton of counsel), for Turf Construction Co. and another, appellants.

Garry, Cahill, Edmunds & Breslin for Susan P. McDowell, respondent.

Louis J. Lefkowitz, Attorney-General (Henriette Frieder and Daniel Polansky of counsel), for Workers' Compensation Board, respondent.

GREENBLOTT, SWEENEY and LARKIN, JJ., concur with MAIN, J.; MAHONEY, P. J., dissents and votes to affirm in a separate opinion.

MAIN, J.

Following the death of her husband on a job site in November of 1971, the claimant widow herein made application for compensation benefits and also retained an attorney to prosecute a wrongful death action on her behalf. When the attorney failed to commence a timely death action, the widow sued him for malpractice and eventually obtained a settlement in the amount of $75,000 without the consent of any...

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