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HOESEN v. F & M SCHAEFER BREWING CO.

53 N.Y.2d 918 (1981)

Kenneth Van Hoesen, Appellant, v. F & M Schaefer Brewing Company, Defendant. Kenneth Van Hoesen et al., Appellants, v. Owens-Illinois Glass Company, Inc., Defendant and Third-Party Plaintiff. Sarraino Bros. & Curcio, Inc., Third-Party Defendant; Lumbermens Mutual Casualty Company, Intervenor-Respondent.

Court of Appeals of the State of New York.

Decided May 14, 1981.

Attorney(s) appearing for the Case

Ernest Abdella and George Abdella for appellants.

Donald P. Ford, Jr., for intervenor-respondent.

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

On summary consideration, order reversed, with costs, and the order of Supreme Court, Fulton County, reinstated. The order of Supreme Court approving the settlement of the action includes an equitable apportionment of attorney's fees. That order unambiguously requires Lumbermens to pay to plaintiff Kenneth Van Hoesen an amount equal to one third of the full value of his workers' compensation claim which has been computed by the board in the sum...

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