Legal Opinion · Dissent

Claim of McDowell v. La Voy

Appellate Division of the Supreme Court of the State of New York

Decided July 27, 1978Published

1Dissent

Mahoney, P. J. (dissenting.)

I dissent and vote to affirm the decision of the Workers’ Compensation Board that determined that claimant’s malpractice action against her former attorney was not a third-party action within the meaning of section 29 of the Workers’ Compensation Law.

Notwithstanding the majority’s statement to the contrary, I am not aware of any "recent developments in the law” that have eroded the cogent reasoning set forth in this court’s opinion in Matter of Cresci v Krasilousky Trucking Co. (5 AD2d 569, mot for lv to app den 4 NY2d 677) to the effect that legal malpractice is…

2Cases cited7 opinions

Matter of Parchefsky v. Kroll Bros., Inc.New York Court of Appeals · 1935
Claim of Petterson v. Daystrom Corp.New York Court of Appeals · 1966
Claim of Meachem v. New York Central RailroadNew York Court of Appeals · 1960
MATTER OF RYAN v. Gen. Elec. Co.New York Court of Appeals · 1970
Claim of Cresci v. Mike Krasilousky Trucking Co.Appellate Division of the Supreme Court of the State of New York · 1958

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