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IN THE MATTER OF KLEINSAK v. R.B. SAMUELS, INC.

12 A.D.3d 738 (2004)

783 N.Y.S.2d 478

In the Matter of the Claim of JOHN A. KLEINSAK, Appellant, v. R.B. SAMUELS, INC., et al., Respondents. WORKERS' COMPENSATION BOARD, Respondent.

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

November 4, 2004.

Rose, J.

Claimant was injured in 1987 while working, and eventually was found to have suffered a permanent total industrial disability and received workers' compensation benefits. Claimant also commenced a third-party action. When it reached the top of the trial calendar, claimant's attorney concluded that the third-party action should not go to trial and the case was marked off the calendar while claimant sought a new attorney. When claimant failed to restore the...

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