Claim of McDowell v. La Voy
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*359OPINION OF THE COURT
Main, J.
Following the death of her husband on a job site in November of 1971, the claimant widow herein made application for compensation benefits and also retained an attorney to prosecute a wrongful death action on her behalf. When the attorney failed to commence a timely death action, the widow sued him for malpractice and eventually obtained a settlement in the amount of $75,000 without the consent of any of the alleged employers or their respective carriers in the compensation claim. Thereafter, a compensation Referee disallowed the subject claim upon concluding that,…
2Cases cited7 opinions
- Claim of Petterson v. Daystrom Corp.New York Court of Appeals · 1966
- McDowell v. La VoyAppellate Division of the Supreme Court of the State of New York · 1977
- MATTER OF RYAN v. Gen. Elec. Co.New York Court of Appeals · 1970
- Claim of Cresci v. Mike Krasilousky Trucking Co.Appellate Division of the Supreme Court of the State of New York · 1958
- Commissioners of State Insurance Fund v. Motor Vehicle Accident Indemnification Corp.New York Court of Appeals · 1968
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Williams v. KatzCourt of Appeals for the Seventh Circuit · 1994
- Bongiorno v. Liberty Mutual Insurance Co.Massachusetts Supreme Judicial Court · 1994
- Tallerday v. DelongCourt of Appeals of Washington · 1993
- MATTER OF McDOWELL v. La VoyNew York Court of Appeals · 1979
- Williams v. KatzCourt of Appeals for the Seventh Circuit · 1994
6 more not listed; retrieve them via the Exa API.