Legal Opinion
Claim of Petrone v. United State Trucking Corp.
Appellate Division of the Supreme Court of the State of New York
Decided November 16, 1932PublishedCited by 3 opinions
1Opinion of the CourtVan Kirk, P. J.
The claim is for death benefits. Claimants are the brother and sister of the deceased, each a minor and a dependent at the time of his death. Deceased died of his injuries on June 14, 1928, the day they were sustained. His administrator elected to sue a third party. An action was brought and was thereafter settled without the consent of the employer, a self-insurer, *532for $750. One having an interest in the sum for which settlement is made without the consent of the employer may not have compensation. (Workmen’s Comp. Law, § 29, as amd. by Laws of 1924, chap. 499; O’Brien v. Knickerbocker Ice…
2Cases cited3 opinions
- Claim of Zirpola v. T. & E. Casselman, Inc.New York Court of Appeals · 1924
- Claim of Cahill v. Terry & Tench Co.Appellate Division of the Supreme Court of the State of New York · 1916
- O'Brien v. Knickerbocker Ice Co.Appellate Division of the Supreme Court of the State of New York · 1925
3Cited by3 opinions
- Komlos v. Compagnie Nationale Air FranceDistrict Court, S.D. New York · 1952
- Goldstein v. StateNew York Court of Claims · 1938
- Lavino Shipping Co. v. DonovanDistrict Court, E.D. Pennsylvania · 1962