McCOMBER v. LEHRER McGOVERN BOVIS, INC.


28 A.D.3d 402 (2006)

818 N.Y.S.2d 1

BENJAMIN McCOMBER, Respondent, v. LEHRER McGOVERN BOVIS, INC., et al., Defendants. LIBERTY MUTUAL GROUP, Nonparty Appellant.

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

April 27, 2006.


Carrier paid plaintiff a total of $228,605.18 in continuous weekly payments of $400 beginning as of the date of the accident and ending three years later, shortly after the jury verdict that effectuated the "high-low" settlement agreement under which plaintiff recovered $14.5 million. Carrier admits that plaintiff is totally disabled and that it would have been required to pay him compensation benefits for life were it not for this recovery. Carrier further admits that using...

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