Claim of Borgio v. Hegeman Farms Corp.

Appellate Division of the Supreme Court of New York

Claim of Borgio v. Hegeman Farms Corp.

262 A.D. 921, 28 N.Y.S.2d 826, 1941 N.Y. App. Div. LEXIS 6488

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

DecidedJuly 2, 1941

StatusPublished

This text of 262 A.D. 921 (Claim of Borgio v. Hegeman Farms Corp.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Claim of Borgio v. Hegeman Farms Corp., 262 A.D. 921, 28 N.Y.S.2d 826, 1941 N.Y. App. Div. LEXIS 6488 (N.Y. Ct. App. 1941).

Pincite

Opinion

Appeal by employer and carrier. A recovery has been had in an action against a third party. The Board in computing the number of weeks during which payment of compensation is to be suspended deducted the amount paid the attorney, determining in accordance with Matter of Hobbs v. Dairymen’s League Co-operative Association, Inc. (258 App. Div. 836), that such amount had not been actually collected by the widow. Award affirmed, with costs to the State Industrial Board. Hill, P. J., Bliss, Heffernan and Foster, JJ., concur; Crapser, J., dissents, and votes to reverse the award and remit to the Industrial Board with directions to compute the compensation of the widow without deducting her share of the attorney’s fees in the third-party action.

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Appeal by employer and carrier. A recovery has been had in an action against a third party. The Board in computing the number of weeks during which payment of compensation is to be suspended deducted the amount paid the attorney, determining in accordance with Matter of Hobbs v. Dairymen’s League Co-operative Association, Inc. (258 App. Div. 836), that such amount had not been actually collected by the widow. Award affirmed, with costs to the State Industrial Board. Hill, P. J., Bliss, Heffernan and Foster, JJ., concur; Crapser, J., dissents, and votes to reverse the award and remit to the Industrial Board with directions to compute the compensation of the widow without deducting her share of the attorney’s fees in the third-party action.

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Bluebook (online)

262 A.D. 921, 28 N.Y.S.2d 826, 1941 N.Y. App. Div. LEXIS 6488, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-borgio-v-hegeman-farms-corp-nyappdiv-1941.

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