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TRANSAMERICA v. LUMBERMEN'S

77 A.D.2d 5 (1980)

Transamerica Insurance Company, Appellant, v. Lumbermen's Casualty Insurance Company, Respondent

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

October 9, 1980

Attorney(s) appearing for the Case

Friedman, Maksail & Hirschen (Jeffrey N. Miller of counsel), for appellant.

Ainsworth, Sullivan, Tracy & Knauf (John E. Knauf of counsel), for respondent.

SWEENEY, KANE, CASEY and HERLIHY, JJ., concur.

MAHONEY P. J.

Petitioner's insured, Anthony Lomonoco, was injured in a three-car accident on December 16, 1974 while he was in the course of his employment. Petitioner was both the no-fault insurance carrier and the workers' compensation carrier for Mr. Lomonoco. In its latter capacity, petitioner paid its insured's medical bills and lost wages in the sum of $41,567.06. Subsequent to Mr. Lomonoco's out-of-court...

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