Legal Opinion
Atlantic Mutual Insurance v. State
Appellate Division of the Supreme Court of the State of New York
Decided January 8, 1976No. Claim No. 57396PublishedCited by 13 opinions
1Opinion of the Court
Greenblott, J. P.
This is an appeal from a judgment, entered January 20, 1975, upon decisions of the Court of Claims, dated June 14, 1974 and January 9, 1975.
The primary issue to be resolved on this appeal is whether a compensation insurance carrier, as a potential subrogee under section 29 of the Workmen’s Compensation Law, may prospectively file an effective notice of intention to file a claim under the provisions of section 10 of the Court of Claims Act and thereby preserve its status as a claimant in an action against the State in the event a workmen’s compensation recipient fails to…
2Cases cited4 opinions
- Dole v. Dow Chemical Co.New York Court of Appeals · 1972
- Claim of Johnson v. StateAppellate Division of the Supreme Court of the State of New York · 1975
- Commissioners of the State Insurance Fund v. Town of HowardNew York Supreme Court · 1941
- Commissioners of State Insurance Fund v. Town of HowardAppellate Division of the Supreme Court of the State of New York · 1942
3Cited by13 opinions
- Bay Ridge Air Rights, Inc. v. StateNew York Court of Appeals · 1978
- Budgar v. StateNew York Court of Claims · 1979
- Smith v. Parks ManorCalifornia Court of Appeal · 1987
- Bay Ridge Air Rights, Inc. v. StateAppellate Division of the Supreme Court of the State of New York · 1977
- St. Paul Fire & Marine Insurance v. StateNew York Court of Claims · 1979
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