Legal Opinion
Eisenberg v. Louis Adler Realty Co., Inc.
New York Court of Appeals
Decided April 14, 1949PublishedCited by 4 opinions
1Opinion of the Court
Order affirmed, with costs. Question certified answered in the negative. No opinion.
Concur: Loughran, Ch. J., Lewis, Desmond, Dye, Fuld and Bromley, JJ. Conway, J., dissents in following memorandum: There is involved here the construction of section 29 of the Workmen’s Compensation Law. Concededly, the amendments of 1937 and thereafter were made to enlarge the benefits accruing to the person injured by the “ third party ” and not for the latter’s benefit. It seems to me that a construction more in consonance with legislative intent historically is to be found in McCue v. Shea Co. (175 Misc.…
2Cases cited4 opinions
- McCue v. J. F. Shea Co.New York Supreme Court · 1940
- McCue v. J. F. Shea Co.Appellate Division of the Supreme Court of the State of New York · 1940
- Oldford v. Moran Towing Corp.New York Supreme Court · 1945
- Oldford v. Moran Towing Corp.Appellate Division of the Supreme Court of the State of New York · 1946
3Cited by4 opinions
- Farrell v. American Beverage Corp.New York Supreme Court · 1953
- Cappello v. Union Carbide & Carbon Corp.New York Supreme Court · 1951
- Plumitallo v. 1407 Broadway Realty Corp.New York Supreme Court · 1951
- Friello v. Black & Decker Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1962