Legal Opinion
Claim of Gallagher v. Carol Construction Co.
New York Court of Appeals
Decided November 24, 1936PublishedCited by 7 opinions
1Opinion of the CourtCrouch, J.
Claimant, for accidental injuries arising out of and in the course of his employment, was awarded compensation in the sum of $4,830. The employer and carrier were credited with $2,000, the amount of a judgment recovered and collected by claimant in a third party action, and were directed to pay the claimant the balance of $2,830.
The award was reversed and the claim dismissed by the Appellate Division upon the stated ground that the judgment of $2,000 was the result of a compromise of the third party action within the purview of section 29 of the Workmen’s Compensation Law (Cons. Laws, ch.…
2Cases cited5 opinions
- Dimick v. SchiedtSupreme Court of the United States · 1935
- Arkansas Valley Land & Cattle Co. v. MannSupreme Court of the United States · 1889
- Holmes v. . JonesNew York Court of Appeals · 1890
- Chouteau v. . SuydamNew York Court of Appeals · 1860
- Matter of Roth v. Harlem Funeral Car CompanyNew York Court of Appeals · 1935
3Cited by7 opinions
- Banks v. Chicago Grain Trimmers Assn., Inc.Supreme Court of the United States · 1968
- Luneau v. Elmwood Gardens, Inc.New York Supreme Court · 1960
- Claim of Clark v. Oakes & Burger Co.Appellate Division of the Supreme Court of the State of New York · 1962
- Harris Structural Steel Co. v. DeanCity of New York Municipal Court · 1943
- Claim of Bogdanoff v. HalperAppellate Division of the Supreme Court of the State of New York · 1944
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