Legal Opinion
Utica Mutual Insurance v. Employers Mutual Liability Insurance Co. of Winsconsin
Utica City Court
Decided August 7, 1968PublishedCited by 5 opinions
1Opinion of the CourtHarold H. Hymes, J.
This is a motion for summary judgment brought by the defendants to dismiss the complaint and a cross motion by the plaintiff for summary judgment in its favor.
The plaintiff is the insurance carrier for an emloyer whose employee was injured on a construction job on November 11, 1955. Plaintiff paid medical expenses and compensation for the employee in the amount of $494.56. On November 7, 1958 the injured employee, with the consent of the plaintiff, commenced a third-party action against the contractor and subcontractor on the job where he was injured. The defendants are the insurance carriers…
2Cases cited12 opinions
- Fischer-Hansen v. . Bklyn. Heights R.R. Co.New York Court of Appeals · 1903
- Calhoun v. West End Brewing Co.Appellate Division of the Supreme Court of the State of New York · 1945
- Geyer v. BookwalterDistrict Court, W.D. Missouri · 1961
- Jarka Corp. v. Fireman's Fund Indemnity Co.Appellate Division of the Supreme Court of the State of New York · 1955
- Commissioners of State Insurance v. SimsNew York Supreme Court · 1946
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3Cited by5 opinions
- Baiano v. SquiresAppellate Division of the Supreme Court of the State of New York · 1985
- Aetna Life & Casualty Co. v. NelsonAppellate Division of the Supreme Court of the State of New York · 1985
- Nunes v. National Union Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 2000
- Cardillo v. Long Island College HospitalNew York Supreme Court · 1976
- Commissioners v. GarciaNew York Supreme Court · 2015