Legal Opinion
Borrowman v. Insurance Co. of North America
Appellate Division of the Supreme Court of the State of New York
Decided November 19, 1993PublishedCited by 7 opinions
1Opinion of the Court
—Order unanimously affirmed with costs. Memorandum: We reject respondent’s contention that Supreme Court lacked jurisdiction to entertain petitioners’ application for approval, nunc pro tunc, of petitioners’ settlement of a third-party action pursuant to Workers’ Compensation Law § 29 (5). The Court of Common Pleas of Erie County, Pennsylvania, in which the third-party action was pending, declined to exercise jurisdiction on the ground that New York provided a more appropriate forum to resolve the matter (cf., Matter of Daly v Daly Constr. Corp., 136 AD2d 798, 800, lv denied 72 NY2d 807).
The…
2Cases cited3 opinions
- Merrill v. MoultrieAppellate Division of the Supreme Court of the State of New York · 1990
- Claim of Daly v. Michael Daly Construction Corp.Appellate Division of the Supreme Court of the State of New York · 1988
- Anzalone v. Traveler's InsuranceAppellate Division of the Supreme Court of the State of New York · 1989
3Cited by7 opinions
- Bernthon v. Utica Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 2001
- Severino v. Liberty Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 1997
- Dauenhauer v. Continental Casualty InsuranceAppellate Division of the Supreme Court of the State of New York · 1995
- Buchanan v. ScovilleAppellate Division of the Supreme Court of the State of New York · 1997
- Gregory v. Aetna InsuranceAppellate Division of the Supreme Court of the State of New York · 1996
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