Michigan Mutual Liability Co. v. State

—Judgment unanimously reversed on the law and facts, with costs, and judgment granted to claimant. Memorandum: Claimant (workmen’s compensation carrier for Frank Tartaglia, Inc.) appeals from a judgment of the Court of Claims (53 Misc 2d 408) which dismissed its claim to recover $2,000 paid by it to the Workmen’s Compensation Board under subdivision 9 of section 15 and section 25-a of the Workmen’s Compensation Law. Subdivision 5 of section 29 of the Workmen’s Compensation Law gives an insurance carrier a cause of action against a third-party wrongdoer to recover the amounts so paid in cases…