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Koutrakos v. Long Island College Hospital

39 N.Y.2d 1026 Court N.Y. Decision date 1976-07-13 English

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p. 1026
Christala Koutrakos, Individually and as Administratrix of the Estate of James Koutrakos, Deceased, Appellant, v Long Island College Hospital et al., Defendants. Great American Insurance Company, Respondent.
Argued June 7, 1976;
decided July 13, 1976
p. 1028
Ira J. Raab, David Levine and Jeffrey M. Samuels for appellant.
Leonard J. Linden for respondent.
Louis J. Lefkowitz, Attorney-General (Henriette Frieder, Samuel A. Hirshowitz and Daniel Polansky of counsel), in his statutory capacity under section 71 of the Executive Law.

Order affirmed, without costs, in the following memorandum: We affirm on the opinion of Mr. Justice J. Irwin Shapiro at the Appellate Division, noting that, while the Legislature has since amended the statute (Workmen’s Compensation Law, § 29, subd 1, as amd by L 1975, ch 190, § 1), its effective date (June 10, 1975) did not precede either the settlement of the third-party action or the court’s order fixing payment of the lien (cf. Codling v Paglia, 32 NY2d 330 , 344).

Concur: Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke.

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