
    Commissioners of the State Insurance Fund, Appellants, v. Cerussi Marble & Tile Co., Inc., Respondent.
    Supreme Court, Appellate Term, First Department,
    November 23, 1960.
    
      
      Charles G. Tierney, Harry Schechter and Milton L. Freedman for appellants. Patrick J. Picariello and David A. Goldstein for respondent.
   Per Curiam.

Under the clear language of the indorsement, which excluded Michael Cerussi from coverage, the plaintiffs are entitled to reimbursement for the amount they admittedly paid out for him in medical and compensation benefits. The grounds advanced by defendant for not allowing such recovery, to wit, illegality and lack of consideration, are untenable.

The judgment should be reversed, with $30 costs, and judgment directed for plaintiffs as prayed for in complaint, with costs.

Concur — Hofstadtbr, J. P., Aurelio and Tilzer, JJ.

Judgment reversed, etc.  