BROCK v. MACK TRUCKS, INC.


178 A.D.2d 701 (1991)

Leonard Brock et al., Plaintiffs, v. Mack Trucks, Inc., et al., Defendants, and Special Disability Fund, Appellant. Pattison, Sampson, Ginsberg & Griffin, P. C., Respondent. (And a Third-Party Action.)

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

December 5, 1991


Mikoll, J.

The issues before us are whether Supreme Court properly found that (1) the Special Disability Fund (hereinafter Fund) benefited from plaintiff's settlement of its product liability action against defendants in the sum of $73,473.74, which represents the amount paid by Liberty Mutual Insurance Company (and for which the Fund could have been held liable) and the present value of future payments due to plaintiff, and (2) the pro rata share of...

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