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  5. 60 N.Y.2d 799 (1983)
 

UNITED STATES FID. & GUAR. CO. v. 38 E. 29 ST., INC.

60 N.Y.2d 799 (1983)

United States Fidelity and Guaranty Company, Appellant, v. 38 East 29 Street, Inc., et al., Defendants. 38 East 29 Street, Inc., Third-Party Plaintiff, v. Joseph Walsh et al., Defendants-Respondents.

Court of Appeals of the State of New York.

Decided October 27, 1983.

Attorney(s) appearing for the Case

James M. Gilleran for appellant.

Paul F. McAloon and Abraham Fuchsberg for respondents.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE concur in memorandum.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs, and the question certified answered in the affirmative.

Plaintiff, a workers' compensation insurance carrier, commenced this action to enforce its lien for past benefits paid to the employee-claimant, Joseph Walsh, on an $85,000 settlement received by Walsh in a third-party action (see Workers' Compensation Law, § 29, subd 1). Plaintiff...

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