Commissioners of State Ins. Fund v. Crown

CourtNew York Supreme Court — Appellate Term
Writing for the CourtBefore GOLD; PER CURIAM
Citation319 N.Y.S.2d 77,65 Misc.2d 593
Decision Date12 November 1970
PartiesCOMMISSIONERS OF the STATE INSURANCE FUND, Plaintiffs-Appellants, v. Richard CROWN, Paul O'Dwyer and Oscar Bernstien, practicing law under the firm name and style of O'Dwyer & Bernstein, Mimi Lepper and Aetna Insurance Company, Defendants-Respondents.

Page 77

319 N.Y.S.2d 77
65 Misc.2d 593
COMMISSIONERS OF the STATE INSURANCE FUND, Plaintiffs-Appellants,
v.
Richard CROWN, Paul O'Dwyer and Oscar Bernstien, practicing
law under the firm name and style of O'Dwyer &
Bernstein, Mimi Lepper and Aetna
Insurance Company,
Defendants-Respondents.
Supreme Court, Appellate Term, First Department.
Nov. 12, 1970.

Page 78

[65 Misc.2d 594] Herbert Lasky and Leonard M. Schnitzer, New York City, for appellants.

Lynch & Kelly, New York City (Hugh J. Boylan, New York City, of counsel), for Aetna Ins. Co., respondent.

O'Dwyer & Bernstien, New York City (Paul O'Dwyer and Howard N. Meyer, New York City, of counsel), for themselves and another, respondents.

[65 Misc.2d 595] Before GOLD, J.P., and MARKOWITZ and QUINN, JJ.

[65 Misc.2d 594] PER CURIAM.

Pre-judgment interest is not recoverable on the workmen's compensation lien provided by section 29 of the Workmen's Compensation Law, just as pre-judgment interest is not recoverable on personal injury claims. Such lien attaches to and becomes part of the third-party claim when a third-party action is instituted. When judgment is entered on the third-party claim, part thereof represents the amount of the lien. CPLR 5003 provides that every money judgment shall bear interest from the date of its entry. The interest accruing on the judgment from date of entry is apportionable in accordance with the respective amounts of the lien due to the compensation carrier and the balance due to claimant. Accordingly, when payment of the judgment with interest is received, that portion of the proceeds representing the amount of the lien and the interest thereon is held for the benefit of the compensation carrier. If claimant were to be permitted to retain for himself the entire interest and to pay over only the principal amount of the lien, he would be obtaining interest on that portion of the judgment which does not belong to him (Candiano v. Moore-McCormack Lines, Inc., 407 F.2d 385, 387).

The claim herein of the State Insurance Fund for such proportionate post-judgment interest is enforceable against the attorneys for

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the plaintiff in the third-party action, who with notice of the lien disbursed the proceeds of the recovery (cf. Com'rs State Insurance Fund v. Stevens, 25 Misc.2d 799, 206 N.Y.S.2d 615; State Insurance Fund v. Parilla, 31 Misc.2d 835, 225 N.Y.S.2d 236).

The contention that an accord and satisfaction was effected as the result of the depositing of...

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7 practice notes
  • Comm'rs of the State Ins. Fund v. Augusto Garcia, Scalzi & Nofi PLLC, 003-MG
    • United States
    • United States State Supreme Court (New York)
    • 6 Agosto 2015
    ...Leges, Nunquam Moriuntur." 1 In addition to the two aforementioned cases, the holdings in Commissioners of State Ins. Fund v. Crown, 65 Misc 2d 593, 319 N.Y.S.2d 77 [Sup.Ct.NY Co.1970]; Neilson Realty Corp. v. Motor Vehicle Acc. Indemnification Corp. 47 Misc 2d 260, 262 N.Y.S.2d 652 [Sup. C......
  • Comm'rs of the State Ins. Fund v. Augusto Garcia, Scalzi & Nofi PLLC, 003-MG
    • United States
    • United States State Supreme Court (New York)
    • 6 Agosto 2015
    ...Moriuntur.”1 14 N.Y.S.3d 687In addition to the two aforementioned cases, the holdings in Commissioners of State Ins. Fund v. Crown, 65 Misc.2d 593, 319 N.Y.S.2d 77 [Sup.Ct., N.Y.Co.1970] ; Neilson Realty Corp. v. Motor Vehicle Acc. Indemnification Corp. 47 Misc.2d 260, 262 N.Y.S.2d 652 [Sup......
  • Zaharakis v. J. R. D. Management Corp.
    • United States
    • New York City Court
    • 11 Diciembre 1974
    ...Board, 29 Misc.2d 742, 219 N.Y.S.2d 449, aff'd 20 A.D.2d 565, 245 N.Y.S.2d 882; and Commissioners of State Insurance Fund v. Crown, 65 Misc.2d 593, 319 N.Y.S.2d 77. A check marked 'in full settlement' or 'satisfaction' of an existing indebtedness and deposited only creates an accord and sat......
  • Green v. Smith
    • United States
    • New York Family Court
    • 15 Diciembre 1970
    ...inspection under CPLR 3120. The court specifically passed on no other issue. In addition, Handel involved a support proceeding and not a [65 Misc.2d 593] filiation proceeding as is the case here. It is interesting to note that the Court of Appeals holding in that case clearly indicated that......
  • Request a trial to view additional results
7 cases
  • Comm'rs of the State Ins. Fund v. Augusto Garcia, Scalzi & Nofi PLLC, 003-MG
    • United States
    • United States State Supreme Court (New York)
    • 6 Agosto 2015
    ...Leges, Nunquam Moriuntur." 1 In addition to the two aforementioned cases, the holdings in Commissioners of State Ins. Fund v. Crown, 65 Misc 2d 593, 319 N.Y.S.2d 77 [Sup.Ct.NY Co.1970]; Neilson Realty Corp. v. Motor Vehicle Acc. Indemnification Corp. 47 Misc 2d 260, 262 N.Y.S.2d 652 [Sup. C......
  • Comm'rs of the State Ins. Fund v. Augusto Garcia, Scalzi & Nofi PLLC, 003-MG
    • United States
    • United States State Supreme Court (New York)
    • 6 Agosto 2015
    ...Moriuntur.”1 14 N.Y.S.3d 687In addition to the two aforementioned cases, the holdings in Commissioners of State Ins. Fund v. Crown, 65 Misc.2d 593, 319 N.Y.S.2d 77 [Sup.Ct., N.Y.Co.1970] ; Neilson Realty Corp. v. Motor Vehicle Acc. Indemnification Corp. 47 Misc.2d 260, 262 N.Y.S.2d 652 [Sup......
  • Zaharakis v. J. R. D. Management Corp.
    • United States
    • New York City Court
    • 11 Diciembre 1974
    ...Board, 29 Misc.2d 742, 219 N.Y.S.2d 449, aff'd 20 A.D.2d 565, 245 N.Y.S.2d 882; and Commissioners of State Insurance Fund v. Crown, 65 Misc.2d 593, 319 N.Y.S.2d 77. A check marked 'in full settlement' or 'satisfaction' of an existing indebtedness and deposited only creates an accord and sat......
  • Green v. Smith
    • United States
    • New York Family Court
    • 15 Diciembre 1970
    ...inspection under CPLR 3120. The court specifically passed on no other issue. In addition, Handel involved a support proceeding and not a [65 Misc.2d 593] filiation proceeding as is the case here. It is interesting to note that the Court of Appeals holding in that case clearly indicated that......
  • Request a trial to view additional results

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