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BOPP v. WIEST

170 Misc.2d 261 (1996)

648 N.Y.S.2d 251

Catherine Bopp et al., as Coexecutrices of Charles Cliff, Deceased, Plaintiffs, v. Richard A. Wiest et al., Defendants.

Supreme Court, Monroe County.

September 4, 1996

Attorney(s) appearing for the Case

Jones & Skivington, Geneseo (Peter K. Skivington of counsel), for plaintiffs. Lawrence M. Rubin, Buffalo (David R. Adams of counsel), for defendants. Hamberger & Weiss, Rochester (Ronald E. Weiss of counsel), for Liberty Mutual Insurance Company.

ANDREW V. SIRACUSE, J.

This is a case of first impression. It comes before this court on a motion for judicial approval of a $60,000 settlement in a wrongful death action brought by the estate's coexecutrices on behalf of the decedent's son and daughter. The real issue, however, is the lien claimed by the workers' compensation carrier, which has been the true party respondent in the present proceeding; indeed...

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