Home/Appellate Division of the Supreme Court of New York/Claim of Brophy v. Prudential Insurance Co. of America

Claim of Brophy v. Prudential Insurance Co. of America

246 A.D. 871
CourtAppellate Division of the Supreme Court of the State of New York
DecidedJanuary 15, 1936
StatusPublished
Cited by3 cases

This text of 246 A.D. 871 (Claim of Brophy v. Prudential Insurance Co. of America) 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 Brophy v. Prudential Insurance Co. of America, 246 A.D. 871 (N.Y. Ct. App. 1936).

Opinion

Appellant made involuntary payment into the aggregate trust fund. The Board computed compensation payable to the widow, with proper notice to the employer (241 App. Div. 306). The Board has directed refund without interest. Interest is payable as damages for the improper withholding of funds by a governmental agency only when provided for by statute. There is no statute permitting payment in this case. Decision affirmed, with costs to the State Industrial Board. Hill, P. J., McNamee, Crapser and Bliss, JJ., concur; Rhodes, J., dissents.

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Bluebook (online)
246 A.D. 871, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-brophy-v-prudential-insurance-co-of-america-nyappdiv-1936.