Commissioners of State Insurance Fund v. Consolidated Edison Co.

In this action to recover from the third party, whose negligence is alleged to have caused the death of an assured’s employee, the payments directed to be made by plaintiffs into the special funds for vocational rehabilitation and reopened cases, in accordance with the provisions of subdivision 5 of section 29 of the Workmen’s Compensation Law, plaintiffs have appealed from the order denying their motion to strike certain defenses as insufficient in law.

These defenses are based entirely upon the satisfaction of lien for compensation payments and medical expenses executed by plaintiffs at the…