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Matter of Warboys v. Kraft Foods Co.

Appellate Division of the Supreme Court of New York, Third Department
Mar 17, 1955
285 App. Div. 992 (N.Y. App. Div. 1955)

Opinion

March 17, 1955.

Present — Foster, P.J., Bergan, Halpern, Imrie and Zeller, JJ.


Motion for reargument granted. Counsel should address themselves particularly to these questions: (a) whether the acceptance in satisfaction of a lien for compensation payments by the carrier of proceeds of a settlement of a third-party action alone will constitute an estoppel to rely on a refusal to give written consent to such settlement; and (b) whether the participation of the carrier in the negotiations for settlement in this case and the later acceptance of the proceeds of the settlement in full satisfaction of its lien accrued to that time, together estop the carrier from relying on a refusal to give a written consent to such settlement.


Summaries of

Matter of Warboys v. Kraft Foods Co.

Appellate Division of the Supreme Court of New York, Third Department
Mar 17, 1955
285 App. Div. 992 (N.Y. App. Div. 1955)
Case details for

Matter of Warboys v. Kraft Foods Co.

Case Details

Full title:In the Matter of the Claim of RICHARD T. WARBOYS, Respondent, against…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Mar 17, 1955

Citations

285 App. Div. 992 (N.Y. App. Div. 1955)