Appellate Division of the Supreme Court of the State of New York January 20, 1970 (Claim of Sigismondi v. Sigismondi Excavators, Inc.)

Motion for reargument granted; cross motion for reargument denied. Upon reargument, original decision, dated October 28, 1969 [33 A D 2d 625], modified by deleting the last sentence of the sixth paragraph and the decretal paragraph and substituting therefor: However, we find that the amount of credit the board allowed the carrier was improper.