Legal Opinion

Bopp v. Wiest

Appellate Division of the Supreme Court of the State of New York

Decided March 14, 1997Published

1Opinion of the Court

OPINION OF THE COURT

Boehm, J.

Plaintiffs, as coexecutors of the estate of Charles Cliff, appeal from so much of the order of Supreme Court that determined that Liberty Mutual Insurance Company (Liberty Mutual), as the Workers’ Compensation carrier for decedent’s employer, is entitled to a lien pursuant to section 29 of the Workers’ Compensation Law against the proceeds of a proposed settlement in plaintiffs’ wrongful death action against Richard A. and Joyce L. Wiest (defendants).

On April 18, 1994, decedent, while in the course of his employment with B. R. Dewitt, Inc., was struck by a vehicle…

2Cases cited6 opinions

  1. Claim of Petterson v. Daystrom Corp.New York Court of Appeals · 1966
  2. Claim of Bachman v. Fred Seitz, Inc.Appellate Division of the Supreme Court of the State of New York · 1938
  3. Shulman v. Ben Shulman Associates, Inc.Appellate Division of the Supreme Court of the State of New York · 1975
  4. Claim of Estate of Allen v. ColganAppellate Division of the Supreme Court of the State of New York · 1993
  5. In re the Accounting of ApplebaumNew York Surrogate's Court · 1943

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