MATTER OF COSGROVE v. COUNTY OF ULSTER


51 A.D.3d 1326 (2008)

858 N.Y.S.2d 453

In the Matter of JAMES COSGROVE, Respondent, v. COUNTY OF ULSTER, Respondent. SPECIALTY RISK SERVICES, On Behalf of LUMBERMAN'S MUTUAL CASUALTY COMPANY, Appellant.

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

Decided May 22, 2008.


Peters, J.P.

In January 2001, petitioner was injured in a work-related accident on property owned by respondent and thereafter began receiving workers' compensation benefits from his employer's insurance carrier. Petitioner also commenced a third-party tort action against respondent. Petitioner's counsel discussed the case with a representative of the carrier who agreed that, if possible, the action should be settled and that one third of a settlement would go to...

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