Ianielli v. North River Insurance
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Weinstein, J.
Involved herein is the apportionment of a workers’ compensation carrier’s equitable share of litigation costs incurred by a claimant who has been successful in the prosecution of his third-party action. Although the pattern for such apportionment has been set forth in the case of Matter of Kelly v State Ins. Fund (60 NY2d 131; accord, United States Fid. & Guar. Co. v 38 E. 29 St., 60 NY2d 799), the instant matter was settled prior to the date of the Matter of Kelly decision. The plaintiff nevertheless seeks the full benefit of apportionment under the total…
2Cases cited14 opinions
- Kurcsics v. Merchants Mutual InsuranceNew York Court of Appeals · 1980
- Gager v. WhiteNew York Court of Appeals · 1981
- Becker v. Huss Co.New York Court of Appeals · 1978
- Gurnee v. Aetna Life & Casualty Co.New York Court of Appeals · 1982
- Kelly v. State Insurance FundNew York Court of Appeals · 1983
9 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Bossom v. BossomAppellate Division of the Supreme Court of the State of New York · 1988
- In re the Estate of GrahamAppellate Division of the Supreme Court of the State of New York · 1997
- Schieck v. SchieckAppellate Division of the Supreme Court of the State of New York · 1988
- Ochal v. Television Technology Corp.Appellate Division of the Supreme Court of the State of New York · 2006
- Weiss v. 103 Central Park West Corp.Appellate Division of the Supreme Court of the State of New York · 1989
6 more not listed; retrieve them via the Exa API.