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BECKER v. HUSS CO.

43 N.Y.2d 527 (1978)

Charles E. Becker, Jr., Respondent, v. Huss Co., Inc., Defendant and Third-Party Plaintiff. Spaulding Lumber Company, Third-Party Defendant; Fedders Corporation, Third-Party Defendant-Appellant. Joseph Gonzalez, Respondent, v. Douglas P. Mans et al., Defendants, and State Insurance Fund, Appellant. Benjamin Andrews, Respondent, v. Kenneth E. Williams, Defendant, and State Insurance Fund, Appellant. Jack D. France, Respondent-Appellant, v. Abstract Title Division of Title Guarantee Co., et al., Defendants and Third-Party Plaintiffs. Niagara Window Cleaning Corp., Third-Party Defendant-Appellant-Respondent, and State Insurance Fund, Appellant-Respondent. George A. Cole, Respondent, et al., Plaintiff, v. Roly-Door Sales Co. of Rochester, Inc., Defendant and Third-Party Plaintiff, et al., Third-Party Defendants, and State Insurance Fund, Appellant.

Court of Appeals of the State of New York.

Decided February 9, 1978.

Attorney(s) appearing for the Case

Evan E. James, Peter M. Pryor and Frank S. Kedzielawa for third-party defendant-appellant in the first above-entitled action.

David C. Quinn for respondent in the first above-entitled action.

Raymond C. Green, Peter M. Pryor, Leonard M. Schnitzer and Mark Slotkin for appellant in the second above-entitled action.

Harold T. Arbiter for respondent in the second above-entitled action.

Raymond C. Green, Peter M. Pryor, Leonard M. Schnitzer and Mark Slotkin for appellant in the third above-entitled action.

Sally Weinraub and Bert W. Subin for respondent in the third above-entitled action.

Robert H. Silk for the New York State Trial Lawyers Association, amicus curiae, in the third above-entitled action.

Mark Slotkin, Peter M. Pryor, Raymond C. Green and Leonard M. Schnitzer for The State Insurance Fund and another, appellants-respondents in the fourth above-entitled action.

Robert B. Nichols and Paul William Beltz for respondent-appellant in the fourth above-entitled action.

Raymond C. Green, Peter M. Pryor, Leonard M. Schnitzer and Mark Slotkin for appellant in the fifth above-entitled action.

Percival D. Oviatt, Jr. for respondent in the fifth above-entitled action.

Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.

Chief Judge BREITEL.

These are five separate appeals, each arising out of a third-party personal injury action brought by an injured employee. The State Insurance Fund, as workmen's compensation lienor, seeks to avoid liability under a statute for its share of the litigation expenses incurred by the employee in recovering his damages from the third party (see L 1975, ch 190, eff June 10, 1975).

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