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IANIELLI v. NORTH RIV. INS.

119 A.D.2d 317 (1986)

Donald Ianielli, Appellant, v. North River Insurance Company, Respondent

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

October 6, 1986

Attorney(s) appearing for the Case

Joseph G. Gorayeb for appellant.

Paul, Weiss, Rifkind, Wharton & Garrison (Robert S. Smith of counsel), for respondent.

Milberg Weiss Bershad Specthrie & Lerach (Lawrence Milberg and Jeremy Heisler of counsel), Fuchsberg & Fuchsberg and Willard M. Pottle, Jr., P. C., for Michael J. Burke and another, amici curiae. (One brief filed.)

BROWN, J. P., RUBIN and EIBER, JJ., concur.

WEINSTEIN, J.

Involved herein is the apportionment of a workers' compensation carrier's equitable share of litigation costs incurred by a claimant who has been successful in the prosecution of his third-party action. Although the pattern for such apportionment has been set forth in the case of Matter of Kelly v State Ins. Fund (60 N.Y.2d 131; accord, United...

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