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BISSELL v. TOWN OF AMHERST

No. 41.

18 N.Y.3d 697 (2012)

967 N.E.2d 176

2012 NY Slip Op 2250

In the Matter of PETER E. BISSELL, Appellant, v. TOWN OF AMHERST et al., Respondents.

Court of Appeals of New York.

Decided March 27, 2012.

Attorney(s) appearing for the Case

Maxwell Murphy, LLC, Buffalo ( Alan D. Voos of counsel), for appellant.

New York State Insurance Fund, New York City ( Hal Friedman and Gregory P. Allen of counsel), for New York State Insurance Fund, respondent.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, SMITH and JONES concur.

OPINION OF THE COURT

PIGOTT, J.

In Matter of Kelly v State Ins. Fund, we held that when a workers' compensation claimant recovers damages in a third-party action, "the compensation carrier's equitable share of litigation costs incurred by the claimant may be apportioned on the basis of the total benefit that the carrier derives from the claimant's recovery" (60 N.Y.2d 131, 135 [1983]). The carrier's "total benefit...

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