BOPP v. WIEST


229 A.D.2d 183 (1997)

654 N.Y.S.2d 927

Catherine Bopp et al., as Coexecutors of Charles Cliff, Deceased, Appellants, v. Richard A. Wiest et al., Respondents. Liberty Mutual Insurance Company, Respondent

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

March 14, 1997


Attorney(s) appearing for the Case

Jones & Skivington, Geneseo (Peter Skivington of counsel), for appellants.

Hamberger & Weiss, Rochester (Ronald E. Weiss of counsel), for Liberty Mutual Insurance Company, respondent.

Lawrence M. Rubin, Buffalo (David R. Adams of counsel), for Richard A. Wiest and another, respondents.

PINE, J. P., LAWTON, DOERR and BALIO, JJ., concur.


BOEHM, J.

Plaintiffs, as coexecutors of the estate of Charles Cliff, appeal from so much of the order of Supreme Court that determined that Liberty Mutual Insurance Company (Liberty Mutual), as the Workers' Compensation carrier for decedent's employer, is entitled to a lien pursuant to section 29 of the Workers' Compensation Law against the proceeds of a proposed settlement in plaintiffs' wrongful death action...

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