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MARTIN v. AGWAY PETROLEUM

143 Misc.2d 627 (1989)

Avis W. Martin, Individually and as Executrix of Eugene C. Martin, Deceased, Plaintiff, v. Agway Petroleum Corporation et al., Defendants and Third-Party Plaintiffs. A. R. Gundry, Inc., et al., Third-Party Defendants.

Supreme Court, Monroe County.

April 17, 1989

Attorney(s) appearing for the Case

Eugene C. Tenney for plaintiff. Fulreader, Rosenthal, Sullivan, Clifford, Santoro & Kaul (James R. Sullivan of counsel), for State Insurance Fund.

WILMER J. PATLOW, J.

Plaintiff seeks an apportionment of attorneys' fees between herself and the State Insurance Fund which is the workers' compensation carrier for third-party defendant A. R. Gundry, Inc., employer of Eugene C. Martin, plaintiff's deceased husband.

The decedent was injured during the course of his employment on July 24, 1978 while on the property of defendant Agway Petroleum Corporation...

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