In re the Arbitration between Motor Vehicle Accident Indemnification Corp. & Cody

Appellate Division of the Supreme Court of New York

In re the Arbitration between Motor Vehicle Accident Indemnification Corp. & Cody

26 A.D.2d 783, 273 N.Y.S.2d 1014, 1966 N.Y. App. Div. LEXIS 3458

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

DecidedSeptember 29, 1966

StatusPublished

This text of 26 A.D.2d 783 (In re the Arbitration between Motor Vehicle Accident Indemnification Corp. & Cody) 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

In re the Arbitration between Motor Vehicle Accident Indemnification Corp. & Cody, 26 A.D.2d 783, 273 N.Y.S.2d 1014, 1966 N.Y. App. Div. LEXIS 3458 (N.Y. Ct. App. 1966).

Pincite

Opinion

Order and judgment granting MVAIC’s motion to confirm the arbitration award in favor of respondent and ordering payment therefrom of an attorney’s fee to respondent’s attorney, unanimously modified, on the law, to the extent of reversing so much thereof as awarded an attorney’s fee to respondent’s attorney and otherwise affirmed, with $50 costs and disbursements against attorney for respondent. Respondent’s claim before the arbitrator is based on the endorsement to his insurance contract, which provides, amongst other things, for a reduction in any amount awarded by “the amount paid and the present value of all amounts payable on account of such bodily injury under any workmen’s compensation law”. (See Matter of Durant [MVAIC], 15 N Y 2d 408.) Consequently there is no fund to which a lien can attach. Concur—Breitel, J. P., McNally, Stevens, Steuer and Capozzoli, JJ.

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Order and judgment granting MVAIC’s motion to confirm the arbitration award in favor of respondent and ordering payment therefrom of an attorney’s fee to respondent’s attorney, unanimously modified, on the law, to the extent of reversing so much thereof as awarded an attorney’s fee to respondent’s attorney and otherwise affirmed, with $50 costs and disbursements against attorney for respondent. Respondent’s claim before the arbitrator is based on the endorsement to his insurance contract, which provides, amongst other things, for a reduction in any amount awarded by “the amount paid and the present value of all amounts payable on account of such bodily injury under any workmen’s compensation law”. (See Matter of Durant [MVAIC], 15 N Y 2d 408.) Consequently there is no fund to which a lien can attach. Concur—Breitel, J. P., McNally, Stevens, Steuer and Capozzoli, JJ.

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Bluebook (online)

26 A.D.2d 783, 273 N.Y.S.2d 1014, 1966 N.Y. App. Div. LEXIS 3458, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-arbitration-between-motor-vehicle-accident-indemnification-corp-nyappdiv-1966.