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COX v. BELMONT IRON WORKS

104 Misc.2d 801 (1980)

Kevin D. Cox, Public Administrator of the County of Erie, as Administrator of The Estate of Harry R. Martin, Deceased, Plaintiff, v. Belmont Iron Works et al., Defendants. Chevrolet Tonawanda Division of General Motors Corporation et al., Defendants and Third-Party Plaintiffs, v. Consolidated Steel Erectors, Inc., et al., Third-Party Defendants.

Supreme Court, Erie County.

June 12, 1980.

Attorney(s) appearing for the Case

Tenney, Smith & Scott (Richard B. Scott of counsel), for plaintiff. Hurwitz & Fine, P. C. (James D. Gauthier of counsel), for Consolidated Steel Erectors, Inc., third-party defendant.

THEODORE S. KASLER, J.

The plaintiff in the above-entitled action moved at a Trial Term of this court for an order apportioning legal fees and expenses pursuant to subdivision 1 of section 29 of the Workers' Compensation Law.

The action was originally commenced to recover for the wrongful death of the plaintiff's decedent which occurred as a result of an industrial accident sustained while decedent...

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