Legal Opinion

In re the Estate of Jackson

New York Surrogate's Court

Decided August 31, 1972PublishedCited by 6 opinions

1Opinion of the Court

Nathan R. Sobel, S.

This petition requires the court to allocate:(1) attorneys’ compensation, (2) medical expenses incident to the injury and (3) funeral expenses against a “ single action ’ ’ recovery by jury verdict in a cause for conscious pain and suffering (EPTL 11-3.2; 11-3.3) and one for wrongful death (EPTL 5-4.3; 5-4.4). The recovery was for $16,500 with interest;from verdict in the former; for $24,500 with interest from date of death in the latter.

Allocation of counsel fees, medical and funeral expenses is required because of the existence of a lien (unrelated to the injury) of the…

2Cases cited4 opinions

  1. Holmes v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1945
  2. Holmes v. City of New YorkNew York Court of Appeals · 1945
  3. In re the Estate of MaynardNew York Surrogate's Court · 1962
  4. In re RileyNew York Surrogate's Court · 1965

3Cited by6 opinions

  1. In re the Estate of ColonNew York Surrogate's Court · 1975
  2. Estate of Hirshfeld v. Islamic Republic of IranCourt of Appeals for the D.C. Circuit · 2018
  3. Guiltinan v. Columbia Presbyterian Medical CenterNew York Supreme Court · 1978
  4. Peter v. Shao Chi YuNew York Supreme Court · 1997
  5. DelRossi v. VNew York Supreme Court · 2004

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