Legal Opinion
McGee v. Horvat
Appellate Division of the Supreme Court of the State of New York
Decided June 1, 1965PublishedCited by 6 opinions
1Opinion of the CourtBrennan, J.
Three questions are presented for determination: (1) whether MVAIO is entitled to the proceeds of any recovery by the plaintiff in this pending death action, to the extent of the payment heretofore made by MVAIO to the plaintiff on account of the same injuries and death; (2) if so, whether MVAIO may intervene in the action to enforce that right; and (3) whether a defendant in the action may plead the payment by MVAIO in mitigation of damages.
The essential facts are undisputed. The action was instituted to recover damages for decedent’s conscious pain and suffering and for his wrongful death.…
2Cases cited5 opinions
- Blessington v. McCrory Stores Corp.New York Court of Appeals · 1953
- Blessington v. McCrory Stores Corp.New York Supreme Court · 1950
- Blessington v. McCrory Stores Corp.Appellate Division of the Supreme Court of the State of New York · 1952
- Gurge v. Agency of Canadian Car & Foundry Co.Appellate Division of the Supreme Court of the State of New York · 1943
- Hockiug-Hershey Associates, Inc. v. IandoliNew York Supreme Court · 1959
3Cited by6 opinions
- East Side Car v. K.R.K. Capitol, Inc.Appellate Division of the Supreme Court of the State of New York · 1984
- American Motorists Insurance Co. v. ThompsonOregon Supreme Court · 1969
- Nearhoof v. International Sales-Rentals Leasing Co.District Court of Appeal of Florida · 1971
- Insurance Co. of North America v. LindseyNew York Supreme Court · 1975
- Pier v. Board of Assessment ReviewNew York Supreme Court · 1993
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