Opinion
September 29, 1949.
Appeal from Workmen's Compensation Board.
Present — Foster, P.J., Heffernan, Deyo, Santry and Bergan, JJ. [See 276 App. Div. 788.]
The judgment, which claimant recovered in his third-party action, represents the trial court's evaluation of the damages sustained and was not the result of any settlement or compromise between the parties. Hence the carrier's consent was not required. Decision and award unanimously affirmed, with costs to the Workmen's Compensation Board.