COMRS. STATE INS. v. CERUSSI MARBLE CO.


25 Misc.2d 540 (1960)

Commissioners of the State Insurance Fund, Appellants, v. Cerussi Marble & Tile Co., Inc., Respondent.

Supreme Court, Appellate Term, First Department.

November 23, 1960.


Attorney(s) appearing for the Case

Charles G. Tierney, Harry Schechter and Milton L. Freedman for appellants. Patrick J. Picariello and David A. Goldstein for respondent.

Concur — HOFSTADTER, J. P., AURELIO and TILZER, JJ.


Per Curiam.

Under the clear language of the indorsement, which excluded Michael Cerussi from coverage, the plaintiffs are entitled to reimbursement for the amount they admittedly paid out for him in medical and compensation benefits. The grounds advanced by defendant for not allowing such recovery, to wit, illegality and lack of consideration, are untenable.

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