Legal Opinion
Commissioners of State Insurance Fund v. Crown
Civil Court of the City of New York
Decided April 10, 1970Published
1Opinion of the CourtHarry W. Davis, J.
Motions 23, 135 and 136 are considered together.
Plaintiff moves for summary judgment and for a dismissal of defendants’ counterclaims. Defendants Crown, O’Dwyer and Bernstein move for summary judgment and for an order of preclusion.
The essential facts are not in dispute. Richard Crown as a result of injuries sustained in his employment received workmen’s compensation benefits from- plaintiff, his company’s compensation carrier. He also retained O’Dwyer & Bernstein as his attorneys to bring a third-party action for negligence against Mimi Lepper who was covered by defendant .¿Etna Insurance…
2Cases cited4 opinions
- Matter of Curtin v. City of New YorkNew York Court of Appeals · 1942
- Carmelo Candiano v. Moore-Mccormack Lines, Inc. v. John W. McGrath Corp., Third PartyCourt of Appeals for the Second Circuit · 1969
- Casualty Co. of America v. A. L. Swett Electric Light & Power Co.Appellate Division of the Supreme Court of the State of New York · 1916
- United States Fidelity & Guaranty Co. v. New York Railways Co.Appellate Terms of the Supreme Court of New York · 1916