Kussack v. Ring Const. Corp.
| Decision Date | 25 June 1958 |
| Citation | 4 N.Y.2d 1011,177 N.Y.S.2d 522 |
| Parties | , 152 N.E.2d 540 George KUSSACK, Plaintiff-Respondent, v. RING CONSTRUCTION CORPORATION, Defendant-Appellant. In the Matter of Application of H. E. BLODGETT, Attorney for Plaintiff. |
| Court | New York Court of Appeals Court of Appeals |
Appeal from Supreme Court, Appellate Division, Third Department, 1 A.D.2d 634, 153 N.Y.S.2d 646.
Inmured employee, who had received compensation payments from employer's insurance carrier, brought third party negligence action against third party and obtained a judgment, on which the insurance carrier had a lien for compensation payments made to the employee.
The Supreme Court, Special Term, Schenectady County, andrew W. Ryan, J., entered an order directing the insurance carrier to pay attorney's fee from proceeds on which the insurance carrier had a lien, and the insurance carrier appealed.
The Appellate Division, Forster, P. J., reversed the order, denied the motion, and held that where there was no deficiency between amount recovered by the injured employee and amount of lien of insurance carrier, employee's attorney was not entitled to receive a portion of his fee from that part of the employee's recovery, which accrued to the benefit of the insurance carrier.
The attorney appealed to the Court of Appeals, contending that he was entitled to a reasonable attorney's fee based on the full amount of the recovery, and that the insurance carrier made an implied contract with the attorney, carrying a promise of compensation.
Harold E. Blodgett, Schenectady (John J. Snapp, Schenectady, of counsel), in pro. per.
Maynard, O'Connor & Smith, Schenectady (J. Vincent Smith, Schenectady, on the brief), for respondent.
Order affirmed, without costs.
All concur.
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