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CHAMBERS v. CITY OF OGDENSBURG

239 A.D.2d 850 (1997)

658 N.Y.S.2d 492

Betty J. Chambers et al., Individually and as Parents and Guardians of Timothy J. Cooke, an Infant, Respondents, v. City of Ogdensburg et al., Respondents. State Insurance Fund, Appellant

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

May 22, 1997

Mikoll, J. P.

The State Insurance Fund (hereinafter the Fund) paid Timothy J. Cooke, a 12-year-old paperboy who was injured when struck by a police car while delivering papers on his bike, $14,000 for permanent facial scars pursuant to Workers' Compensation Law § 15 (3) (t) (1). The issue on this appeal is whether Supreme Court erred in holding, on authority of Dietrick v Kemper Ins. Co. (76 N.Y.2d 248)...

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