compromise claim in New York

2026Moreover, under New Jersey law, the apportionment of the distribution of the settlement proceeds of a wrongful death action must be determined after a nonjury trial ( see NJ Stat § 2A:31-4; Lovely v Rahway Hosp ., 227 NJ Super 614, 617, 548 A2d 242 [Sup Ct, Union County 1988]).

2008Absent any suggestion that the settlement entered into in open court and approved by the court following an infant’s compromise hearing was a product of fraud, duress or mistake, or that any other substantive basis for vacating the judgment exists, the proposed intervenor’s motion was properly denied (see Sanchez v City of New York, 40 AD3d 276 [2007]; Clark v Bristol-Myers Squibb & Co., 306 AD2d 82 [2003]).

2008The proposed intervenor is not aggrieved by the order denying plaintiffs’ motion for an award of costs and expenses (see CPLR 5511; Insurance Co. of State of Pa. v Adessie Imports, Ltd., 24 AD3d 230 [2005]).

2008Absent any suggestion that the settlement entered into in open court and approved by the court following an infant’s compromise hearing was a product of fraud, duress or mistake, or that any other substantive basis for vacating the judgment exists, the proposed intervenor’s motion was properly denied (see Sanchez v City of New York, 40 AD3d 276 [2007]; Clark v Bristol-Myers Squibb & Co., 306 AD2d 82 [2003]).

2007The court allowed delving into the facts of three convictions—for burglary, drug selling and criminal contempt for intentionally violating a court order of protection—each of which the court correctly determined were reflective of defendant’s willingness to place his interests above those of society and were, thus, relevant to defendant’s credibility should he testify (see People v Hayes, supra at 207; People v Sandoval, 34 NY2d 371, 377 [1974]; People v Oatman, 12 AD3d 790, 791 [2004], Iv denied 4 NY3d 747 [2004]; People v Harris, 304 AD2d 848, 849 [2003], Iv denied 100 NY2d 582 [2003]; Peopl

1982There is sufficient consideration for the compromise of a claim if the parties in good faith advance opposing contentions, even though the claim is without legal validity and is incapable of enforcement ( O'Brien v The Mayor, 25 Misc. 219 , 221 [Sup Ct, New York Co, 1898], affd 40 App. Div. 331 [1st Dept, 1899], affd 160 N.Y. 691 [1899]).

1982There is sufficient consideration for the compromise of a claim if the parties in good faith advance opposing contentions, even though the claim is without legal validity and is incapable of enforcement ( O'Brien v The Mayor, 25 Misc. 219 , 221 [Sup Ct, New York Co, 1898], affd 40 App. Div. 331 [1st Dept, 1899], affd 160 N.Y. 691 [1899]).

1982However, a municipality cannot, under the guise of a compromise, give validity to a void or groundless claim ( Andgar Associates, Inc. v Board of Zoning Appeals, 30 A.D.2d 672 [2d Dept, 1968], motion for lv to app denied 22 N.Y.2d 648 [1968]).

1982(Matter of Duffy v Fuller Co., 21 AD2d 725 ; 65 NY Jur, Workmen’s Compensation, § 106, pp 511-513.) The enactment of the amendment to subdivision 5 of section 29 created a mechanism for court approval and at the same time established the procedure for securing such approval.

1982There is sufficient consideration for the compromise of a claim if the parties in good faith advance opposing contentions, even though the claim is without legal validity and is incapable of enforcement ( O'Brien v The Mayor, 25 Misc. 219 , 221 [Sup Ct, New York Co, 1898], affd 40 App. Div. 331 [1st Dept, 1899], affd 160 N.Y. 691 [1899]).

1968Co. v. Ahern, 344 U. S. 367 ) — in which payment and acceptance of compensation benefits over a long period had been deemed a waiver of Federal rights —■ the Appellate Division found that the payment and acceptance of the award of compensation in this case amounted to a compromise of the claim.

1968(Protective Committee v. Anderson, supra; Shielcrawt v. Moffett, supra; Zenn v. Anzalone, supra.) Movant points out that the previous decision was incorrect in stating that the controversy as to who should receive the fund is “between CCC on the one hand, and shareholders of Intra NY and creditors who claim in subordination to them on the other hand. ” It is true, as pointed out, that the controversy is between CCC and the creditors of Intra Beirut rather than its shareholders, since the latter has been reorganized for the benefit of its creditors.

1968(Protective Committee v. Anderson, supra; Shielcrawt v. Moffett, supra; Zenn v. Anzalone, supra.) Movant points out that the previous decision was incorrect in stating that the controversy as to who should receive the fund is “between CCC on the one hand, and shareholders of Intra NY and creditors who claim in subordination to them on the other hand. ” It is true, as pointed out, that the controversy is between CCC and the creditors of Intra Beirut rather than its shareholders, since the latter has been reorganized for the benefit of its creditors.

1968The plaintiffs ’ filing of a reservation of rights to sue a third party was discounted because, ‘ ‘ in naming the third persons to be sued plaintiffs did not include the moving defendants, presumably to avoid any question that they were the employers and thereby jeopardize the collection of further installments of the award.” 1 We agree with Special Term that the motion should be denied since, in our view, too, the papers demonstrate that a question of fact exists as to whether there was a waiver. 2 Although an unqualified acceptance of compensation payments over a period of years may constitu

1967Co., 269 App. Div. 201, 207 , affd. 295 N. Y. 748 , supra.) Finally, the fact that inconsistent or partially inconsistent results may be reached on the compromise hearing and in the compensation proceeding deprives the carrier of no constitutional right.

1967Co., 269 App. Div. 201, 207 , affd. 295 N. Y. 748 , supra.) Finally, the fact that inconsistent or partially inconsistent results may be reached on the compromise hearing and in the compensation proceeding deprives the carrier of no constitutional right.

1967Co., 303 N. Y. 545 , affd. sub. nom.

1951Guar. & Trust Co., 242 App. Div. 80 , affd. 271 N. Y. 537 ; Matter of Schuler, 46 Misc. 373 ; Matter of Goodchild, 160 Misc. 738 .) Although he is the claimant’s guardian in socage and under a duty to safely keep the property of his ward, to manage and maintain it, and to receive and account for the profits thereof, his authority does not extend to the disposition of her real estate nor to the compromise of her claim when it has been taken by eminent domain.

1951Guar. & Trust Co., 242 App. Div. 80 , affd. 271 N. Y. 537 ; Matter of Schuler, 46 Misc. 373 ; Matter of Goodchild, 160 Misc. 738 .) Although he is the claimant’s guardian in socage and under a duty to safely keep the property of his ward, to manage and maintain it, and to receive and account for the profits thereof, his authority does not extend to the disposition of her real estate nor to the compromise of her claim when it has been taken by eminent domain.

1951Guar. & Trust Co., 242 App. Div. 80 , affd. 271 N. Y. 537 ; Matter of Schuler, 46 Misc. 373 ; Matter of Goodchild, 160 Misc. 738 .) Although he is the claimant’s guardian in socage and under a duty to safely keep the property of his ward, to manage and maintain it, and to receive and account for the profits thereof, his authority does not extend to the disposition of her real estate nor to the compromise of her claim when it has been taken by eminent domain.

1951Guar. & Trust Co., 242 App. Div. 80 , affd. 271 N. Y. 537 ; Matter of Schuler, 46 Misc. 373 ; Matter of Goodchild, 160 Misc. 738 .) Although he is the claimant’s guardian in socage and under a duty to safely keep the property of his ward, to manage and maintain it, and to receive and account for the profits thereof, his authority does not extend to the disposition of her real estate nor to the compromise of her claim when it has been taken by eminent domain.