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  5. 81 A.D.2d 708 (1981)
 

MATTER OF ILLAQUA v. BARRLLEWELLYN BUICK CO., INC.

81 A.D.2d 708 (1981)

In the Matter of the Claim of Frank Illaqua, Respondent, v. Barr-Llewellyn Buick Co., Inc., et al., Appellants. Workers' Compensation Board, Respondent

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

April 23, 1981

Claimant sustained workrelated injuries in 1970 for which he received partial compensation. The compensation case was closed in 1973 pending outcome of a third-party action commenced by claimant against Black Hawk Manufacturing Company which, in turn, cross-claimed against the employer as a third-party defendant. In 1976, claimant's action was dismissed on motion of Black Hawk and the employer for failure to prosecute. Thereafter, the compensation case was reopened and restored...

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