Lykudis v. Danial

Del, Vecchio, J.

This is a motion to dismiss the complaint upon the ground that plaintiff is not the holder of the cause of action set forth in the complaint and consequently is not the proper party to be plaintiff.

The action arises out of an accident which occurred on June 5, 1951, when plaintiff sustained injuries while in the course of his employment allegedly caused by the negligence of the defendant. Plaintiff applied for and was awarded compensation under the Workmen’s Compensation Law.

This third-party action was commenced on June 4, 1954.

More than twenty days after service of an answer…