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MATTER OF WOJCIECHOWSKI v. FIRST CARDINAL, LLC

508839.

79 A.D.3d 1487 (2010)

913 N.Y.S.2d 824

In the Matter of JOHN WOJCIECHOWSKI et al., Appellants, v. FIRST CARDINAL, LLC, Respondent.

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

Decided December 23, 2010.

LAHTINEN, J.

Petitioner John Wojciechowski was injured in a work-related motor vehicle accident for which he received workers' compensation benefits and he (together with his spouse) also commenced a third-party negligence action against the driver of the other vehicle. The third-party action settled in August 2007 for the full policy amount of $50,000. However, petitioners did not obtain the consent of the workers' compensation carrier as required by Workers' Compensation...

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