§Why CasetextPricing

In the Matter of Joseph A. Terranova, Jr., Appellant,v.Lehr Construction Co. et al., Respondents. Workers' Compensation Board, Respondent.

Brief

8 Cited authorities

  1. Hallock v. State of New York

    64 N.Y.2d 224 (N.Y. 1984)   Cited 1,506 times
    Holding that "[e]ssential to the creation of apparent authority are words or conduct of the principal, communicated to a third party, that give rise to the appearance and belief that the agent possesses authority to enter into a transaction...[t]he agent cannot by his own acts imbue himself with apparent authority."

  2. Matter of Frutiger

    29 N.Y.2d 143 (N.Y. 1971)   Cited 368 times
    Approving vacatur where a party "inadvertently, unadvisably or improvidently" entered into the settlement

  3. Burns v. Varriale

    2007 N.Y. Slip Op. 7498 (N.Y. 2007)   Cited 62 times   1 Legal Analyses
    In Burns v Varriale (9 NY3d 207 [2007]), cited by the majority (see majority op at 4, 5), this Court was called upon to address a question entirely different from the one raised by this case.

  4. Matter Kelly v. State Ins. Fund

    60 N.Y.2d 131 (N.Y. 1983)   Cited 79 times   2 Legal Analyses
    Stating that "[u]nder [Workers' Compensation Law § 29] petitioner was deemed to be entitled to have the costs she incurred in bringing the action, including her attorney's fees, apportioned" and "the lien . . . is subordinate to a deduction for costs and attorney's fees"

  5. Stenson v. New York State Department of Transportation

    84 A.D.3d 22 (N.Y. App. Div. 2011)   Cited 8 times

    No. 510870. March 31, 2011. APPEAL from a decision of the Workers' Compensation Board, filed January 27, 2010. The decision ruled that claimant was not entitled to reimbursements for certain expenses. Michael P. Daly, Manlius, for appellant. Gregory J. Allen, State Insurance Fund, Liverpool ( Susan B. Marris of counsel), for New York State Department of Transportation and another, respondents. Before: PETERS, MALONE JR., KAVANAGH and STEIN, JJ. OPINION OF THE COURT MERCURE, J.P. On this appeal, we

  6. Bissell v. Town of Amherst

    967 N.E.2d 176 (N.Y. 2012)   Cited 6 times

    No. 41 03-27-2012 In the Matter of Peter E. Bissell, Appellant, v. Town of Amherst, et al., Respondents. Alan D. Voos, for appellant. Hal Friedman, for respondent. PIGOTT Alan D. Voos, for appellant. Hal Friedman, for respondent. PIGOTT, J.: In Matter of Kelly v State Insurance Fund, we held that when a workers' compensation claimant recovers damages in a third-party action, "the compensation carrier's equitable share of litigation costs incurred by the claimant may be apportioned on the basis of

  7. Matter of Briggs v. Kansas City Fire Marine

    121 A.D.2d 810 (N.Y. App. Div. 1986)   Cited 11 times

    June 19, 1986 Appeal from the Supreme Court, Albany County (Mercure, J.). Levine, J.Page 811 In February 1984, while engaged in work for his employer, petitioner was injured in an automobile accident with a third party. He received medical benefits from respondents, the employer's workers' compensation carriers, totaling $1,700. He also commenced a civil tort action against the third party who was involved in the accident, which ultimately was settled for $17,000. The settlement was judicially approved

  8. Briggs v. Kansas City Ins. Co.

    129 Misc. 2d 377 (N.Y. Sup. Ct. 1985)

    August 30, 1985 James L. Pemberton for petitioner. Welt, Stockton Associates for respondents. THOMAS E. MERCURE, J. Petitioner moves for an order apportioning legal fees and expenses pursuant to Workers' Compensation Law § 29 (1). The facts are not in dispute. While working as an employee of the Upper Hudson Library Federation on February 7, 1984, the petitioner was injured in an automobile accident. As a result of the accident, petitioner lost one day from work and required medical attention for