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Koutrakos v. Long Island College Hospital

Court of Appeals of the State of New York
Jul 13, 1976
39 N.Y.2d 1026 (N.Y. 1976)

Summary

In Koutrakos v Long Is. Coll. Hosp. (39 N.Y.2d 1026, affg 47 A.D.2d 500), the Court of Appeals affirmed our determination that subdivision 1 of section 29, prior to the 1975 amendment, was constitutional, notwithstanding the fact that it did not permit the apportionment now authorized.

Summary of this case from Matter of Brown v. Travelers Insurance Company

Opinion

Argued June 7, 1976

Decided July 13, 1976

Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, ABRAHAM J. MULTER, J.

Ira J. Raab, David Levine and Jeffrey M. Samuels for appellant.

Leonard J. Linden for respondent.

Louis J. Lefkowitz, Attorney-General (Henriette Frieder, Samuel A. Hirshowitz and Daniel Polansky of counsel), in his statutory capacity under section 71 of the Executive Law.


Order affirmed, without costs, in the following memorandum: We affirm on the opinion of Mr. Justice J. IRWIN SHAPIRO at the Appellate Division, noting that, while the Legislature has since amended the statute (Workmen's Compensation Law, § 29, subd 1, as amd by L 1975, ch 190, § 1), its effective date (June 10, 1975) did not precede either the settlement of the third-party action or the court's order fixing payment of the lien (cf. Codling v Paglia, 32 N.Y.2d 330, 344).

Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE.


Summaries of

Koutrakos v. Long Island College Hospital

Court of Appeals of the State of New York
Jul 13, 1976
39 N.Y.2d 1026 (N.Y. 1976)

In Koutrakos v Long Is. Coll. Hosp. (39 N.Y.2d 1026, affg 47 A.D.2d 500), the Court of Appeals affirmed our determination that subdivision 1 of section 29, prior to the 1975 amendment, was constitutional, notwithstanding the fact that it did not permit the apportionment now authorized.

Summary of this case from Matter of Brown v. Travelers Insurance Company
Case details for

Koutrakos v. Long Island College Hospital

Case Details

Full title:CHRISTALA KOUTRAKOS, Individually and as Administratrix of the Estate of…

Court:Court of Appeals of the State of New York

Date published: Jul 13, 1976

Citations

39 N.Y.2d 1026 (N.Y. 1976)
387 N.Y.S.2d 247
355 N.E.2d 301

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