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Borrowman v. Insurance Co. of North America

198 A.D.2d 891 Court N.Y. App. Div. Decision date 1993-11-19 English

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p. 891
Vern T. Borrowman et al., Respondents, v Insurance Company of North America, a CIGNA Company, Appellant.
[604 NYS2d 446]

—Order unanimously affirmed with costs. Memorandum: We reject respondent’s contention that Supreme Court lacked jurisdiction to entertain petitioners’ application for approval, nunc pro tunc, of petitioners’ settlement of a third-party action pursuant to Workers’ Compensation Law § 29 (5). The Court of Common Pleas of Erie County, Pennsylvania, in which the third-party action was pending, declined to exercise jurisdiction on the ground that New York provided a more appropriate forum to resolve the matter (cf., Matter of Daly v Daly Constr. Corp., 136 AD2d 798 , 800, lv denied 72 NY2d 807 ).

The court properly exercised its discretion in approving the settlement. Respondent was not prejudiced by petitioners’ delay in seeking judicial approval and the third-party action

p. 892
was settled for the limit of defendant’s liability policy (see, Merrill v Moultrie, 166 AD2d 392 , lv denied 77 NY2d 804 ; Matter of Anzalone v Traveler’s Ins. Co., 150 AD2d 567 ). (Appeal from Order of Supreme Court, Onondaga County, Nicholson, J. — Workers’ Compensation Settlement.) Present— Callahan, J. P., Green, Balio, Fallon and Boehm, JJ.

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