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ROACH v. HASTINGS PLASTICS

57 N.Y.2d 293 (1982)

In the Matter of Kevin Roach, Appellant, v. Hastings Plastics Corp. et al., Respondents. Workers' Compensation Board, Respondent.

Court of Appeals of the State of New York.

Decided November 16, 1982.

Attorney(s) appearing for the Case

Morris A. Feuerstein and Bruce F. Parnell for appellant.

Alan R. Corn for Hastings Plastics Corp. and another, respondents.

Chief Judge COOKE and Judges JASEN, GABRIELLI, WACHTLER, FUCHSBERG and MEYER concur.

JONES, J.

The compromise, without the consent of the workers' compensation insurer, of an injured employee's third-party action in malpractice to recover damages for aggravation injuries affects only that portion of the compensation award attributable to the malpractice.

On February 26, 1971, appellant sustained injury to his right arm in the course of his employment at Hastings Plastics. The following...

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