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MISZKO v. GRESS

4 A.D.3d 575 (2004)

772 N.Y.S.2d 723

MICHAEL MISZKO et al., Appellants-Respondents, v. CAROLE L. GRESS et al., Defendants. NEW YORK STATE INSURANCE FUND, Respondent-Appellant. FINKELSTEIN & PARTNERS, L.L.P., Respondent.

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

February 5, 2004.

Kane, J.

Plaintiff Michael Miszko (hereinafter Miszko) was injured in the course of his employment as a state trooper while trying to apprehend defendant Kenneth J. Fox in 1989. After incurring these injuries, Miszko began receiving workers' compensation benefits from the New York State Insurance Fund (hereinafter Fund). In order to commence an action against defendants, Miszko signed a retainer agreement form with the law firm now known as Finkelstein & Partners...

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