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GEN. ACCIDENT INS. CO., INC. v. YAGLOWSKI

188 A.D.2d 1032 (1992)

General Accident Insurance Company, Inc., Appellant, v. Thomas Yaglowski, Respondent

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

December 30, 1992

Order unanimously reversed on the law without costs, motion granted, cross motion denied and complaint reinstated.

Memorandum:

Supreme Court erred in denying plaintiff's motion for summary judgment and in dismissing this action for want of subject matter jurisdiction. It is uncontroverted that plaintiff's payment to defendant of an amount in excess of the award made by the Workers' Compensation Board (the Board...

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