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HAMMER v. TURNER CONSTRUCTION CORPORATION

39 A.D.3d 705 (2007)

833 N.Y.S.2d 633

JAMES HAMMER, Appellant, v. TURNER CONSTRUCTION CORPORATION et al., Respondents. STATE INSURANCE FUND, Nonparty Respondent.

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

Decided April 17, 2007.

Ordered that the order is affirmed, with costs.

After the plaintiff James Hammer settled his personal injury action against the defendants for the sum of $225,000, he proposed to the nonparty State Insurance Fund (hereinafter the SIF) that it accept one third of the settlement, less disbursements, in satisfaction of its $190,329.84 workers' compensation lien. The SIF declined, seeking, instead, the sum of $128,813.08 in satisfaction of its lien, which represented...

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