Legal Opinion
Cupo v. Babcock Borsig Power, Inc.
New York Supreme Court
Decided June 7, 2004PublishedCited by 3 opinions
1Opinion of the Court
OPINION OF THE COURT
Raymond E. Cornelius, J.
The issue presented, in the above-captioned asbestos related, personal injury and wrongful death actions, is whether the court should grant approval to the settlement of a wrongful death claim, pursuant to EPTL 5-4.6, if there has been no appointment of a personal representative.
The Seventh Judicial District, like many judicial districts throughout the State of New York, has adopted a case management order (CMO) in order to facilitate and expedite asbestos related, personal injury actions. Among other provisions, the CMO directs that plaintiffs…
2Cases cited5 opinions
- Carrick v. Central General HospitalNew York Court of Appeals · 1980
- George v. Mt. Sinai HospitalNew York Court of Appeals · 1979
- Pollicina v. Misericordia Hospital Medical CenterNew York Court of Appeals · 1993
- Goldberg v. Camp Mikan-RecroNew York Court of Appeals · 1977
- Schraven v. Town of TonawandaAppellate Division of the Supreme Court of the State of New York · 1997
3Cited by3 opinions
- Carter-Sapp v. HupkowitzDistrict Court, W.D. New York · 2025
- Matter of Seventh Jud. Dist. Asbestos Litig.New York Supreme Court, Monroe County · 2004
- Morgan v. Oshkosh CorporationDistrict Court, W.D. New York · 2023