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CASTLEBERRY v. ASPHALT CORP.

70 A.D.2d 228 (1979)

William Castleberry, Respondent, et al., Plaintiffs, v. Hudson Valley Asphalt Corp., Defendant; Utica Mutual Insurance Company, Appellant

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

September 28, 1979

Attorney(s) appearing for the Case

Alfred Schleider (Edgar T. Schleider of counsel), for appellant.

Finkelstein, Mauriello, Kaplan & Levine, P. C. (Howard S. Finkelstein on the brief), for respondent.

COHALAN and MARTUSCELLO, JJ., concur with MARGETT, J.; SHAPIRO, J. P., concurs insofar as the majority has reversed the order, but otherwise dissents and votes to remit the matter to Special Term for a new determination as to the present value of appellant's future liability, with an opinion.

MARGETT, J.

This case raises a novel issue as to the proper standards to be applied in apportioning attorneys' fees, pursuant to subdivision 1 of section 29 of the Workers' Compensation Law, upon a third-party recovery by an injured employee. Stripped to its essentials, the question is whether the compensation insurance carrier should ordinarily contribute only in proportion to its actual benefit derived from...

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