Merchants Mutual Insurance v. Hoscoe

Appeal from an order of the Supreme Court at Special Term, entered August 11, 1977 in Albany County, which granted plaintiff’s motion for partial summary judgment. Plaintiff is an insurance carrier that issued workers’ compensation insurance to defendant Hoscoe’s employer. Following an industrial accident, Hoscoe commenced a third-party action which was ultimately settled for $2,500. The plaintiff carrier commenced this action to recover sums advanced to Hoscoe for medical expenses and lost wages (Workers’ Compensation Law, §29). Defendants’ answer, while admitting that plaintiff is entitled…