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MTR OF TERRANOVA v. LEHR CO.

No. 125.

30 N.Y.3d 564 (2017)

91 N.E.3d 1226

69 N.Y.S.3d 247

2017 NY Slip Op 08799

In the Matter of JOSEPH A. TERRANOVA, JR., Appellant, v. LEHR CONSTRUCTION CO. et al., Respondents. WORKERS' COMPENSATION BOARD, Respondent.

Court of Appeals of New York.

Decided December 19, 2017.

Attorney(s) appearing for the Case

Grey & Grey, L.L.P., Farmingdale ( Robert E. Grey of counsel), for appellant.

Eric T. Schneiderman , Attorney General, Albany ( Patrick A. Woods , Barbara D. Underwood and Andrea Oser of counsel), for New York State Workers' Compensation Board, respondent.

Weiss, Wexler & Wornow, P.C., New York City ( J. Evan Perigoe and Darryl Wornow of counsel), for New Hampshire Insurance Company, respondent.

Edward H. Gersowitz , New York State Trial Lawyers Association, New York City, for New York State Trial Lawyers Association, amicus curiae.

Kirk & Teff, LLP, Kingston ( Justin S. Teff of counsel), for Injured Workers' Bar Association, amicus curiae.

Chief Judge DiFIORE and Judges RIVERA, STEIN, FAHEY and GARCIA concur; Judge FEINMAN taking no part.

OPINION OF THE COURT

When an injured worker obtains a recovery from a third-party tortfeasor, both the worker and the employer's insurance carrier may benefit. Section 29 of the Workers' Compensation Law was enacted to ensure that insurance carriers pay their equitable share of litigation...

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