In re the Estate of Travaglione

Maximilian Moss, S.

An issue has been raised as to priority of payment out of the proceeds of the cause of action for personal injuries. Petitioner contends that payment of her widow’s exemption under subdivision 4 of section 200 of the Surrogate’s Court Act is entitled to priority; the compensation carrier claims that its lien under subdivision 1 of section 29 of the Workmen’s Compensation Law for compensation payments and medical expenses is prior to the widow’s exemption. The carrier makes no claim against the recovery in the cause of action for the wrongful death of the decedent.

Subdivision…