272 N.Y. 127 | NY | 1936
Claimant, for accidental injuries arising out of and in the course of his employment, was awarded compensation in the sum of $4,830. The employer and carrier were credited with $2,000, the amount of a judgment recovered and collected by claimant in a third party action, and were directed to pay the claimant the balance of $2,830.
The award was reversed and the claim dismissed by the Appellate Division upon the stated ground that the judgment of $2,000 was the result of a compromise of the third party action within the purview of section
The alleged compromise was this: On the trial of the action the plaintiff had a verdict for $5,000; upon a motion by the defendant to set aside the verdict as excessive and for a new trial, an order was entered granting the motion unless the plaintiff should stipulate a *129 reduction to $2,000. The stipulation was given and judgment for that amount was entered.
Matter of Roth v. Harlem Funeral Car Co. (
The order of the Appellate Division should be reversed and the award of the State Industrial Board reinstated, with costs in this court and in the Appellate Division.
CRANE, Ch. J., LEHMAN, O'BRIEN, HUBBS, LOUGHRAN and FINCH, JJ., concur.
Ordered accordingly. *130