MATTER OF LIMONGI v. 137 EAST 36TH STREET


309 A.D.2d 518 (2003)

765 N.Y.S.2d 27

In the Matter of LIZANDRO LIMONGI, Respondent, v. 137 EAST 36TH STREET et al., Appellants.

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

Decided October 2, 2003.


Respondents fail to show that petitioner committed any fraud in connection with the condition stated in the award. The form letter allegedly filled out by petitioner's treating physician's receptionist rather than the physician himself, and therefore claimed to be fraudulent, is in all pertinent respects consistent with the physician's contemporaneous report indicating petitioner's ability to return to full duty (cf. Bevona v Supervised Cleaning & Maintenance Co.,...

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