Koutrakos v. Long Island College Hospital
This case addresses the distribution of funds from a wrongful death settlement, specifically concerning a workmen's compensation lien and plaintiff's attorney fees. The court examined whether Workmen's Compensation Law § 29, subd. 1, which mandates full reimbursement of the carrier's lien without contribution to attorney fees, is constitutional. It found the provision unconstitutional, arguing it unjustly burdens the plaintiff—a widow with infant children—by forcing her to cover legal costs for the carrier's benefit. The court concluded that such a statutory requirement violates due process and equal protection clauses of both Federal and New York State Constitutions, and abrogates the constitutional right to a full recovery for death-related injuries.