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JOHNSON v. BUFFALO INDUS.

84 N.Y.2d 13 (1994)

636 N.E.2d 1394

613 N.Y.S.2d 861

In the Matter of the Claim of Roosevelt T. Johnson, Respondent, v. Buffalo & Erie County Private Industry Council et al., Appellants. Workers' Compensation Board, Respondent.

Court of Appeals of the State of New York.

Decided June 21, 1994.

Attorney(s) appearing for the Case

Carl D. Copps, Albany, and Raymond C. Green, New York City, for appellants.

Paul Shatkin, Buffalo, for Roosevelt T. Johnson, respondent.

Paul A. Crotty, Corporation Counsel of New York City, Brooklyn (Larry A. Sonnenshein, Steven M. Scotti and John Sweeney of counsel), for City of New York, amicus curiae.

Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA and CIPARICK concur; Judge LEVINE taking no part.

SMITH, J.

In this proceeding the issues are (1) whether workers' compensation benefits paid to a claimant beyond three years may properly be construed as payment for "basic economic loss" under this Court's decision in Dietrick v Kemper Ins. Co. (76 N.Y.2d 248), and thus not subject to a compensation carrier's Workers' Compensation Law § 29 lien and (2) whether a...

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