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BORROWMAN v. INS. CO. OF NORTH AM.

198 A.D.2d 891 (1993)

604 N.Y.S.2d 446

Vern T. Borrowman et al., Respondents, v. Insurance Company of North America, a CIGNA Company, Appellant

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

November 19, 1993

Order unanimously affirmed with costs.

Memorandum:

We reject respondent's contention that Supreme Court lacked jurisdiction to entertain petitioners' application for approval, nunc pro tunc, of petitioners' settlement of a third-party action pursuant to Workers' Compensation Law § 29 (5). The Court of Common Pleas of Erie County, Pennsylvania, in which the third-party action was pending, declined to exercise jurisdiction on the ground that New York provided...

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