Legal Opinion
Caponi v. Great Atlantic & Pacific Tea Co.
New York Supreme Court
Decided May 29, 1998PublishedCited by 2 opinions
1Opinion of the Court
OPINION OF THE COURT
Victor I. Barron, J.
The motion for summary judgment is denied in all respects.
*48In Majewski v Broadalbin-Perth Cent. School Dist. (91 NY2d 577), the Court of Appeals held that amendments to section 11 of the Workers’ Compensation Law were to be applied only prospectively from the date of their passage. A question not expressly addressed in that decision is raised here: which measuring date in a given litigation should be used to determine whether or not the new section should control — the. date of the commencement of the first-party, personal injury action, or that of the…
2Cases cited7 opinions
- Majewski v. Broadalbin-Perth Central School DistrictNew York Court of Appeals · 1998
- Dole v. Dow Chemical Co.New York Court of Appeals · 1972
- Morales v. WalterAppellate Division of the Supreme Court of the State of New York · 1997
- Camarda v. Summit HomesAppellate Division of the Supreme Court of the State of New York · 1996
- Dupper v. ConrailAppellate Division of the Supreme Court of the State of New York · 1986
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3Cited by2 opinions
- Maher v. WhiteheadAppellate Division of the Supreme Court of the State of New York · 1998
- Whitmore v. Anthony Russo, Inc.Appellate Division of the Supreme Court of the State of New York · 1999