Legal Opinion

Claim of Capitelli v. Wells, Rich, Green, Inc.

Appellate Division of the Supreme Court of the State of New York

Decided March 7, 1991Published

1Opinion of the Court

OPINION OF THE COURT

Harvey, J.

Claimant’s decedent died in a helicopter crash arising out of and in the course of his employment in October 1984. Claimant, decedent’s widow, and decedent’s son thereafter received *286compensation benefits from October 19, 1984 to November 1, 1985 totaling $14,850. In the meantime, claimant instituted a third-party action against various defendants. This action was later settled, with the consent of the employer’s workers’ compensation insurance carrier, in the gross sum of $1,430,364, with payments to be. spread out over a period of years. The carrier sent a…

2Cases cited11 opinions

  1. Kelly v. State Insurance FundNew York Court of Appeals · 1983
  2. Phoenix Indemnity Co. v. Staten Island Rapid Transit Railway Co.New York Court of Appeals · 1929
  3. Staten Island Rapid Transit Railway Co. v. Phoenix Indemnity Co.Supreme Court of the United States · 1930
  4. Koutrakos v. Long Island College HospitalAppellate Division of the Supreme Court of the State of New York · 1975
  5. Koutrakos v. Long Island College HospitalNew York Court of Appeals · 1976

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