Carter v. Brooklyn Ladder Co.

Section 29 of the Workmen’s Compensation Law (Cons. Laws, ch. 67) provides that an action by an injured workman against a negligent third person, not in the same employ, for damages must be brought within “six months after the awarding of compensation and in any event before the expiration of one year from the date such action accrues.”

In the recent case of Calagna v. Sheppard-Pollak, Inc. (264 App. Div. 589) we held that the third party action must be commenced within one year of the date of the accidental injury. We said, in effect, that when such an action was brought by the injured…