Van Hoesen v. F & M Schaefer Brewing Co.
New York Court of Appeals
Van Hoesen v. F & M Schaefer Brewing Co., 53 N.Y.2d 918 (N.Y. 1981)
423 N.E.2d 817; 441 N.Y.S.2d 59; 1981 N.Y. LEXIS 2483
Van Hoesen v. F & M Schaefer Brewing Co.
Opinion of the Court
OPINION OF THE COURT
On summary consideration, order reversed, with costs, and the order of Supreme Court, Fulton County, reinstated. The order of Supreme Court approving the settlement of the action includes an equitable apportionment of attorney’s fees. That order unambiguously requires Lumbermens to pay to plaintiff Kenneth Van Hoesen an amount equal to one third of the full value of his workers’ compensation claim which has been computed by the board in the sum of $14,460:80.
Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer.
Reference
- Full Case Name
- Kenneth Van Hoesen v. F & M Schaefer Brewing Company, Defendant Kenneth Van Hoesen v. Owens-Illinois Glass Company, Inc., and Third-Party Sarraino Bros. & Curcio, Inc., Third-Party Defendant Lumbermens Mutual Casualty Company, Intervener-Respondent
- Status
- Published