General Accident Insurance v. Yaglowski

Order unanimously reversed on the law without costs, motion granted, cross motion denied and complaint reinstated. Memorandum: Supreme Court erred in denying plaintiff’s motion for summary judgment and in dismissing this action for want of subject

*1033matter jurisdiction. It is uncontroverted that plaintiffs payment to defendant of an amount in excess of the award made by the Workers’ Compensation Board (the Board) for his work related injury was the result of inadvertence or mistake. Because defendant is not receiving payment of continuous benefits, Workers’ Compensation Law §22, which vests the…