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LEE v. EASTERN FRGT. WAYS

76 A.D.2d 133 (1980)

In the Matter of the Claims of Henry Lee et al., Respondents, v. Eastern Freight Ways, Inc., Respondent, and Peerless Insurance Company et al., Appellants, et al., Respondent. Workers' Compensation Board, Respondent. (Proceeding No. 1.) In the Matter of the Claims of John Zwirba et al., Respondents, v. Eastern Express, Inc., et al., Respondents, and Seaboard Surety Company, Appellant. Workers' Compensation Board, Respondent. (Proceeding No. 2.)

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

July 31, 1980

Attorney(s) appearing for the Case

Gottesman, Wolgel, Smith & Secunda (Harold H. Wolgel of counsel), for Peerless Insurance Company, appellant.

Tell, Cheser, Breitbart & Lefkowitz (Solomon M. Cheser of counsel), for Seaboard Surety Company, appellant.

Hart & Hume (Jack Hart and James D. Greenhalgh of counsel), for American Casualty Company of Reading, Pennsylvania, appellant.

Kroll, Killarney, Pomerantz & Cameron (Roy E. Pomerantz of counsel), for Tico Insurance Company, respondent.

GREENBLOTT, J. P., KANE, MIKOLL and HERLIHY, JJ., concur.

MAIN, J.

Eastern Freight Ways (Freight Ways) and Eastern Express (Express) were self-insured employers, pursuant to subdivision 3 of section 50 of the Workers' Compensation Law. In order to meet their obligation thereunder, the employers filed various surety bonds with the board's chairman. Each bond was in the form approved by the chairman, and save for the parties, penal sums and effective dates, all have identical...

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