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MATTER OF McKEE v. SITHE INDEPENDENCE POWER PARTNERS

281 A.D.2d 891 (2001)

722 N.Y.S.2d 195

In the Matter of THOMAS McKEE et al., Respondents, v. SITHE INDEPENDENCE POWER PARTNERS, Respondent. LIBERTY MUTUAL INSURANCE COMPANY, Appellant.

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

Decided March 21, 2001.

Order unanimously reversed on the law without costs and matter remitted to Supreme Court for further proceedings in accordance with the following Memorandum: Supreme Court erred in extinguishing the lien of Liberty Mutual Insurance Company (Liberty Mutual), the workers' compensation carrier, on the damages awarded to petitioners in their underlying third-party action (see, Workers' Compensation Law § 29 [1]). Petitioners alleged that Liberty Mutual's share of...

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