MATTER OF BERNTHON v. UTICA MUTUAL INSURANCE COMPANY


279 A.D.2d 728 (2001)

719 N.Y.S.2d 332

In the Matter of THOMAS BERNTHON, Appellant, v. UTICA MUTUAL INSURANCE COMPANY et al., Respondents.

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

Decided January 11, 2001.


Carpinello, J.

Petitioner was involved in a work-related motor vehicle accident on September 15, 1995 following which he received workers' compensation benefits for a partial permanent injury to his knee. He also commenced a third-party action against the driver of the other vehicle. He was represented by separate counsel in each forum. On February 24, 1998, petitioner's personal injury attorney settled the third-party action for $34,500 without obtaining the consent...

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