MATTER OF JACKSON v. CITY OF NEW YORK


70 A.D.3d 694 (2010)

In the Matter of CHERYL JACKSON, Respondent, v. CITY OF NEW YORK et al., Appellants.

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

Decided February 2, 2010.


Ordered that the order is affirmed, with costs.

The Supreme Court properly granted the petition to approve the settlement of the petitioner's personal injury action nunc pro tunc pursuant to Workers' Compensation Law § 29 (5). Pursuant to that statute, an employee may settle a lawsuit arising out of the same incident as his or her Workers' Compensation claim for less than the amount of compensation he or she has received only if the employee has obtained written...

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