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SERVIDONE v. SEC. INS CO.

102 A.D.2d 59 (1984)

Servidone Construction Corporation, Respondent, v. Security Insurance Company of Hartford, Appellant, et al., Defendant

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

May 31, 1984

Attorney(s) appearing for the Case

Rein, Mound & Cotton (Robert L. Horkitz of counsel), for appellant.

Maney, McConville & Liccardi (William J. Roberts of counsel), for respondent.

KANE, J. P., and MIKOLL, J., concur with YESAWICH, JR., J.; MAIN and HARVEY, JJ., concur in part and dissent in part in an opinion by HARVEY, J.

YESAWICH, JR., J.

On March 14, 1972, Servidone Construction Corporation (Servidone), as general contractor, was engaged in the performance of a construction contract in New Jersey with the United States Army Corps of Engineers when John Cuttino, a Servidone employee, fell from a tower on the project, sustaining injuries ultimately resulting in paraplegia. His workers' compensation benefits, which now exceed ...

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