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NOVARA v. CANTOR FITZGERALD

20 A.D.3d 103 (2005)

795 N.Y.S.2d 133

In the Matter of the Claim of JENNIFER NOVARA, on Behalf of VICTORIA JONES, an Infant, Appellant, v. CANTOR FITZGERALD, LP, et al., Appellants. WORKERS' COMPENSATION BOARD, Respondent. (And Another Related Claim.)

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

May 5, 2005.

Attorney(s) appearing for the Case

Grey & Grey L.L.P., Farmingdale (Robert E. Grey of counsel), for Jennifer Novara, appellant.

Fischer Brothers, New York City (Martin Krutzel of counsel), for Cantor Fitzgerald, L.P., and another, appellants.

Eliot Spitzer, Attorney General, Albany (Dorothy E. Hill of counsel), for respondent.

CARDONA, P.J., MUGGLIN, ROSE and KANE, JJ., concur.

OPINION OF THE COURT

CREW III, J.

On September 11, 2001, Paul Innella (hereinafter decedent) perished in the terrorist attacks on the World Trade Center. At the time of his death, decedent was survived by his then 22-month-old daughter from a prior relationship, in addition to his purported fianceée, Lucy Aita. Thereafter, claimant, the mother of decedent's daughter, applied for decedent's workers' compensation...

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