MATTER OF O'CONNOR


21 A.D.2d 333 (1964)

In the Matter of The Estate of Benedict O'Connor, Deceased. Joyce R. O'Connor, as Administratrix, et al., Respondents; Liberty Mutual Insurance Company, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

June 8, 1964.


Attorney(s) appearing for the Case

Albert P. Thill (William T. Ryan of counsel), for appellant.

Michael J. McGrath for administratrix, respondent.

Martin P. Clayton, special guardian for John T. O'Connor, an infant, respondent in person.

UGHETTA, Acting P. J., BRENNAN, RABIN and HOPKINS, JJ., concur.


CHRIST, J.

This appeal presents for decision the validity of a lien asserted by an insurance company on the proceeds of the settlement of a third-party action instituted in the State of Oklahoma.

On April 27, 1951, the petitioner's husband (the decedent), while in the course of his employment with Sperry Gyroscope Company, a New York corporation, was killed in the crash of a United States Air Force plane...

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