MATTER OF ATKINSON v. CITY OF NEW YORK


270 A.D.2d 483 (2000)

705 N.Y.S.2d 616

In the Matter of LILY ATKINSON, Respondent, v. CITY OF NEW YORK, Appellant.

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

Decided March 27, 2000.


Ordered that the order and judgment is affirmed, with costs.

In Matter of Shutter v Philips Display Components Co. (90 N.Y.2d 703, 708) the Court of Appeals interpreted Workers' Compensation Law § 29 (1) and (4), stating, "[t]ogether, these terms indicate that the lien and offset tools [of the Workers' Compensation Law] may be applied only against recoveries from the third-party tortfeasors who are responsible for the...

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