Legal Opinion
In re the Estate of Kelly
New York Surrogate's Court
Decided July 30, 1981PublishedCited by 4 opinions
1Opinion of the Court
OPINION OF THE COURT
Marie M. Lambert, S.
In the within estate, the court by decree dated June 27, 1980 compromised an action for wrongful death and pain and suffering and settled the account of the administratrix. Specifically reserved for determination was the claim of the State Insurance Fund (SIF) that its lien for the payment of workers’ compensation benefits should be recouped in full and should not be reduced by any share of the attorneys’ fees and costs incurred in the prosecution of the tort action which gave rise to the recoupment. Should this court find that apportionment of…
2Cases cited10 opinions
- Dole v. Dow Chemical Co.New York Court of Appeals · 1972
- Becker v. Huss Co.New York Court of Appeals · 1978
- Bloomer v. Liberty Mutual InsuranceSupreme Court of the United States · 1980
- Castleberry v. Hudson Valley Asphalt Corp.Appellate Division of the Supreme Court of the State of New York · 1979
- O'CONNOR v. Lee-Hy Paving Corp.District Court, E.D. New York · 1979
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3Cited by4 opinions
- Wood v. Firestone Tire & Rubber Co.New York Supreme Court · 1984
- In re the Estate of PurtillNew York Surrogate's Court · 1981
- Di Meglio v. Hartford InsuranceNew York Supreme Court · 1982
- In re the Estate of RaczNew York Surrogate's Court · 1982