Legal Opinion
Claim of Bachman v. Fred Seitz, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided May 11, 1938PublishedCited by 4 opinions
1Opinion of the CourtCrapser, J.
The widow and children of the decedent elected to sue the third party causing the injuries to the decedent and a recovery was obtained in the sum of $10,802.79.
Since the widow was entitled to one-third of the recovery, or $3,600.93, by reason of the provisions of the Decedent Estate Law, the State Industrial Board credited this sum against the amount of compensation to which the widow would ordinarily be entitled for a death benefit and they made an award for the difference with proper provision for the suspension of payments until the third party recovery was exhausted. No award was made to…
2Cases cited2 opinions
- Claim of Zirpola v. T. & E. Casselman, Inc.New York Court of Appeals · 1924
- Claim of Babb v. Conboy & Brown Construction Co.New York Court of Appeals · 1934
3Cited by4 opinions
- Komlos v. Compagnie Nationale Air FranceDistrict Court, S.D. New York · 1952
- In re the Accounting of ApplebaumNew York Surrogate's Court · 1943
- Bopp v. WiestNew York Supreme Court · 1996
- Bopp v. WiestAppellate Division of the Supreme Court of the State of New York · 1997