Legal Opinion
Becker v. Huss Co.
New York Court of Appeals
Decided February 9, 1978PublishedCited by 98 opinions
1Opinion of the Court
OPINION OF THE COURT
Chief Judge Breitel.
These are five separate appeals, each arising out of a third-party personal injury action brought by an injured employee. The State Insurance Fund, as workmen’s compensation lienor, seeks to avoid liability under a statute for its share of the litigation expenses incurred by the employee in recovering his damages from the third party (see L 1975, ch 190, eff June 10, 1975).* In all five cases the Appellate Division held that apportionment between the employee and carrier is required. The carrier appeals.
In each case the employee had been injured,…
2Cases cited18 opinions
- Matter of Berkovitz v. . Arbib HoulbergNew York Court of Appeals · 1921
- Shielcrawt v. MoffettNew York Court of Appeals · 1945
- In Re the Estate of MillerNew York Court of Appeals · 1888
- Deutsch v. CatherwoodNew York Court of Appeals · 1973
- Claim of Schmidt v. Wolf Contracting Co.Appellate Division of the Supreme Court of the State of New York · 1945
13 more not listed; retrieve them via the Exa API.
3Cited by98 opinions
- Majewski v. Broadalbin-Perth Central School DistrictNew York Court of Appeals · 1998
- State v. WolowitzAppellate Division of the Supreme Court of the State of New York · 1983
- Matter of Arbitration Between Gleason & Michael Vee, Ltd.New York Court of Appeals · 2001
- Bay Ridge Air Rights, Inc. v. StateNew York Court of Appeals · 1978
- Duell v. CondonNew York Court of Appeals · 1995
93 more not listed; retrieve them via the Exa API.