Legal Opinion

International Terminal Operating Co. v. Miller

New York Supreme Court

Decided October 10, 1960Published

1Opinion of the CourtGeorge Tilzer, J.

Plaintiff moves for summary judgment. The defendant Disbrow, as an injured employee, took and accepted from the plaintiff employer and self-insurer, benefits under the Longshoremen’s and Harbor Workers’ Compensation Act. (U. S. Code, tit. 33, § 901 et seq.) The codefendants, attorneys, represented him in his action brought against third parties to recover damages for negligence. The action ivas settled and the payment was made to the defendants, with knowledge of plaintiff’s lien. There had been no final compensation award. The facts are not in dispute. “Applying to the undisputed facts…

2Cases cited7 opinions

  1. Mitchell v. the EtnaCourt of Appeals for the Third Circuit · 1943
  2. Hugev v. Dampskisaktieselskabet InternationalDistrict Court, S.D. California · 1959
  3. Metropolitan Stevedore Company, a Corporation v. Dampskisaktieselskabet International, a CorporationCourt of Appeals for the Ninth Circuit · 1960
  4. John C. Davis v. United States Lines Company, and Third-Party (Murphy-Cook& Company, Third-Party and Appellee)Court of Appeals for the Third Circuit · 1958
  5. Ruggiero v. Liberty Mutual Insurance CompanyNew York Court of Appeals · 1948

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