Commissioners of State Insurance Fund v. Cosmopolitan Mutual Insurance

Plaintiff moves for an order dismissing the counterclaim upon the ground that the court has not jurisdiction thereof and for summary judgment upon the complaint.

Plaintiff had been the compensation insurance carrier of Doran Construction Co., Inc. Its employee, one John J. O’Brien, instituted a third-party action against Muro Transit Mix Corp., and recovered a judgment against it in the sum of $45,177. In that action Muro brought in as third-party defendant plaintiff’s insured Doran Construction Co., Inc., and secured a judgment over against it in the sum of $45,177. In the meantime plaintiff…