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MATTER OF MONTANARO v. C.H. QUAY & SONS

293 A.D.2d 919 (2002)

740 N.Y.S.2d 656

In the Matter of the Claim of MICHAEL MONTANARO, Respondent, v. C.H. QUAY & SONS, et al., Appellants. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided April 25, 2002.

Lahtinen, J.

In February 1994, claimant sought workers' compensation benefits for injuries that claimant alleges were causally related to his work as a construction laborer. Claimant's case, controverted by the employer and its workers' compensation carrier (hereinafter collectively referred to as the carrier), was adjourned several times pending the outcome of claimant's Labor Law § 241 (6) litigation against the owner of the work site and a third-party action...

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