MTR DI MEGLIO v. HARTFORD


116 Misc.2d 191 (1982)

In the Matter of John Di Meglio, Petitioner, v. Hartford Insurance Company, Respondent.

Supreme Court, Trial Term, Queens County.

October 13, 1982


Attorney(s) appearing for the Case

Hoberman & Sussman, P. C., for petitioner. John J. Wrenn for respondent.


HAROLD HYMAN, J.

In this application by petitioner, John Di Meglio, for an order equitably apportioning such expenditures and attorney's fees incurred in effecting his third-party recovery pursuant to subdivision 1 of section 29 of the Workers' Compensation Law, the issue to be determined is whether the compensation carrier's release from future liability effected by the employee's successful prosecution of the underlying tort action constitutes a benefit...

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