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Matter of Magrossi v. City of Niagara Falls

Appellate Division of the Supreme Court of New York, Third Department
Mar 1, 1935
243 App. Div. 827 (N.Y. App. Div. 1935)

Opinion

March, 1935.

Present — Hill, P.J., Rhodes, McNamee, Crapser and Heffernan, JJ.


Claimant, while in the employ of the city of Niagara Falls, was injured through the negligence of a third party. He elected to pursue his remedy against such third party in accordance with section 29 Work. Comp. of the Workmen's Compensation Law. Such an action was instituted against the third party and thereafter, with the city's consent, compromised for the sum of $5,000 for personal injuries and medical and hospital expenses. Claimant then applied for deficiency compensation. The Industrial Board awarded him $647.27 for medical expenses incurred prior to the filing of the notice of election to hold the third party. It denied his claim for medical and hospital expenses amounting to $1,471.75 incurred subsequently to the filing of such notice. It based its decision on section 13 Work. Comp. of the Workmen's Compensation Law. Decision unanimously affirmed, with costs.


Summaries of

Matter of Magrossi v. City of Niagara Falls

Appellate Division of the Supreme Court of New York, Third Department
Mar 1, 1935
243 App. Div. 827 (N.Y. App. Div. 1935)
Case details for

Matter of Magrossi v. City of Niagara Falls

Case Details

Full title:In the Matter of the Claim of FRANK MAGROSSI, Appellant, against THE CITY…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Mar 1, 1935

Citations

243 App. Div. 827 (N.Y. App. Div. 1935)

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