Legal Opinion

Cardillo v. Long Island College Hospital

New York Supreme Court

Decided April 13, 1976Published

1Opinion of the CourtMurray T. Feiden, J.

Motion inaccurately designated by plaintiff as a motion to "renew and reargue” his previous application to vacate the workmen’s compensation lien. Such previous application was denied. The present application is different from the relief sought in the original motion. Now the plaintiff moves to apportion that part of the workmen’s compensation payments attributable to the malpractice settlement and an apportionment of the attorney’s fee for recovery of a portion of the lien. The court will entertain such application.

The plaintiff sustained his injuries on November 4, 1968 when he fell 25 feet…

2Cases cited5 opinions

  1. Matter of Parchefsky v. Kroll Bros., Inc.New York Court of Appeals · 1935
  2. Greenough v. DeblingerCivil Court of the City of New York · 1975
  3. Utica Mutual Insurance v. Employers Mutual Liability Insurance Co. of WinsconsinUtica City Court · 1968
  4. Rice v. Bankers Trust Co.New York Supreme Court · 1975
  5. Wargo v. LongoNew York Supreme Court · 1976

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