Legal Opinion · Concurring in part, dissenting in part
Castleberry v. Hudson Valley Asphalt Corp.
Appellate Division of the Supreme Court of the State of New York
Decided September 28, 1979Published
1Concurring in part, dissenting in part
Shapiro, J. P. (concurring in part and dissenting in part).
Relying upon subdivision 1 of section 29 of the Workers’ Compensation Law, Special Term ruled that where an injured employee (plaintiff William Castleberry) agrees to accept a certain sum by settlement of his personal injury action, the court could properly require the compensation insurance carrier (appellant here) to pay not only that portion of the attorneys’ fee (incurred in the pursuit of the tort action) attributable to the recovery of its lien, but in addition the amount of its potential compensation liability which was…
2Cases cited18 opinions
- Becker v. Huss Co.New York Court of Appeals · 1978
- Crawley v. SchickMichigan Court of Appeals · 1973
- Ruediger v. Kallmeyer Brothers ServiceSupreme Court of Missouri · 1973
- Matter of Curtin v. City of New YorkNew York Court of Appeals · 1942
- Security Insurance Company of Hartford v. NorrisCourt of Appeals of Kentucky (pre-1976) · 1969
13 more not listed; retrieve them via the Exa API.