Claim of Sigismondi v. Sigismondi Excavators, Inc.

Appellate Division of the Supreme Court of New York

Claim of Sigismondi v. Sigismondi Excavators, Inc.

33 A.D.2d 944, 307 N.Y.S.2d 856, 1970 N.Y. App. Div. LEXIS 5701

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

DecidedJanuary 20, 1970

StatusPublished

This text of 33 A.D.2d 944 (Claim of Sigismondi v. Sigismondi Excavators, Inc.) 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 Sigismondi v. Sigismondi Excavators, Inc., 33 A.D.2d 944, 307 N.Y.S.2d 856, 1970 N.Y. App. Div. LEXIS 5701 (N.Y. Ct. App. 1970).

Pincite

Opinion

Motion for reargument granted; cross motion for reargument denied. Upon reargument, original decision, dated October 28, 1969 [33 A D 2d 625], modified by deleting the last sentence of the sixth paragraph and the decretal paragraph and substituting therefor: However, we find that the amount of credit the board allowed the carrier was improper. The carrier is entitled to a credit of $53,000 (the value fixed by the Supreme Court for wrongful death damages together with the interest thereon), less attorney’s fees and disbursements. Decisions modified, so as to increase the credit allowed the carrier to $53,000, and, as so modified, affirmed, without costs. Herlihy, P. J., Reynolds, Staley, Jr., Greenblott and Cooke, JJ., concur.

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Motion for reargument granted; cross motion for reargument denied. Upon reargument, original decision, dated October 28, 1969 [33 A D 2d 625], modified by deleting the last sentence of the sixth paragraph and the decretal paragraph and substituting therefor: However, we find that the amount of credit the board allowed the carrier was improper. The carrier is entitled to a credit of $53,000 (the value fixed by the Supreme Court for wrongful death damages together with the interest thereon), less attorney’s fees and disbursements. Decisions modified, so as to increase the credit allowed the carrier to $53,000, and, as so modified, affirmed, without costs. Herlihy, P. J., Reynolds, Staley, Jr., Greenblott and Cooke, JJ., concur.

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Bluebook (online)

33 A.D.2d 944, 307 N.Y.S.2d 856, 1970 N.Y. App. Div. LEXIS 5701, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-sigismondi-v-sigismondi-excavators-inc-nyappdiv-1970.