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MATTER OF DIMAGGIO v. INT'L CHIMNEY CORP.

285 A.D. 226 (1954)

In the Matter of the Claim of Ida Dimaggio, as Committee of the Person and Property of John Piccola, an Incompetent, Appellant-Respondent, v. International Chimney Corporation et al., Respondents-Appellants. Workmen's Compensation Board, Respondent

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

December 28, 1954.

Attorney(s) appearing for the Case

Victor Fiddler, Bernard Katzen, George J. Hayes and William H. Stieglitz for respondents-appellants.

Nathaniel L. Goldstein, Attorney-General (Daniel Polansky and Roy Wiedersum of counsel), for Workmen's Compensation Board, respondent.

Benjamin Galperin, Norman W. Zeis and William G. Dargan for appellant-respondent.

FOSTER, P. J., COON, HALPERN, IMRIE and ZELLER, JJ., concur.

Per Curiam.

The claimant sustained totally disabling injuries in an industrial accident for which he was awarded compensation benefits. Thereafter, he commenced a third-party action which was settled with the consent of the insurance carrier for $89,000. From the proceeds of the settlement, the insurance carrier was reimbursed $27,699.78 for compensation payments made to the claimant and for medical expenses paid on...

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