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  5. 60 N.Y.2d 131 (1983)
 

MTR KELLY v. STATE INS. FUND

60 N.Y.2d 131 (1983)

In the Matter of Elizabeth Kelly, as Administratrix of The Estate of Arthur Kelly, Deceased, Respondent, v. State Insurance Fund, Appellant, and Arthur R. Martoccia, P. C., as Guardian ad Litem for Arthur T. Kelly, Respondent.

Court of Appeals of the State of New York.

Decided October 27, 1983.

Attorney(s) appearing for the Case

Raymond C. Green, Leonard M. Schnitzer and Mark Slotkin for appellant.

Paul F. McAloon, Edwin N. Weidman and Abraham Fuchsberg for Elizabeth Kelly, respondent.

Judges JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE concur.

Chief Judge COOKE.

When a workers' compensation claimant recovers damages in a third-party action, the compensation carrier's equitable share of litigation costs incurred by the claimant may be apportioned on the basis of the total benefit that the carrier derives from the claimant's recovery. In the present matter, therefore, it was proper for the Surrogate's Court to have assessed the carrier's equitable share...

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