Legal Opinion

Di Meglio v. Hartford Insurance

New York Supreme Court

Decided October 13, 1982PublishedCited by 5 opinions

1Opinion of the Court

OPINION OF THE COURT

Harold Hyman, J.

In this application by petitioner, John Di Meglio, for an order equitably apportioning such expenditures and attorney’s fees incurred in effecting his third-party recovery pursuant to subdivision 1 of section 29 of the Workers’ Compensation Law, the issue to be determined is whether the compensation carrier’s release , from future liability effected by the employee’s successful prosecution of the underlying tort action constitutes a benefit upon which the apportionment of attorney’s fees may be based.

Petitioner had been injured in the course of his…

2Cases cited12 opinions

  1. Becker v. Huss Co.New York Court of Appeals · 1978
  2. Matter of Curtin v. City of New YorkNew York Court of Appeals · 1942
  3. Castleberry v. Hudson Valley Asphalt Corp.Appellate Division of the Supreme Court of the State of New York · 1979
  4. O'CONNOR v. Lee-Hy Paving Corp.District Court, E.D. New York · 1979
  5. Kussack v. Ring Construction Corp.Appellate Division of the Supreme Court of the State of New York · 1956

7 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Burns v. VarrialeAppellate Division of the Supreme Court of the State of New York · 2006
  2. Briggs v. Kansas City Fire & Marine InsuranceAppellate Division of the Supreme Court of the State of New York · 1986
  3. Wood v. Firestone Tire & Rubber Co.New York Supreme Court · 1984
  4. Owens v. Town of Huntington, New York County Courts1984
  5. Smith v. SpinocciaAppellate Division of the Supreme Court of the State of New York · 1986

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