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REICH v. MANHATTAN BOILER

91 N.Y.2d 772 (1998)

698 N.E.2d 939

676 N.Y.S.2d 110

Louis S. Reich, as Assignee from John H. Thompson, Respondent, v. Manhattan Boiler & Equipment Corp., Appellant.

Court of Appeals of the State of New York.

Decided July 1, 1998.

Attorney(s) appearing for the Case

O'Brien & Mayr, Rockville Centre (James M. O'Brien and Nicholas P. Calabria of counsel), for appellant.

Gordon, Goldberg & Juengst, P. C., New York City (Lawrence A. Goldberg of counsel), for respondent.

Kwiatkowski & Ryan, L. L. P., Floral Park (John E. Ryan and John M. Donnelly of counsel), for State Insurance Fund, amicus curiae.

Michael D. Hess, Corporation Counsel of New York City (Stuart D. Smith and Barry P. Schwartz of counsel), for City of New York, amicus curiae.

Chief Judge KAYE and Judges TITONE, BELLACOSA, SMITH, LEVINE and CIPARICK concur.

WESLEY, J.

Twenty-six years have elapsed since Joseph Kaban was injured in an automobile accident during the course of his employment with Manhattan Boiler & Equipment Corp. This action, commenced by attorney Louis S. Reich, the assignee of the satisfaction of judgment in Mr. and Mrs. Kaban's personal injury action, represents the Kabans' second attempt before this Court to recover indirectly a portion of...

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