Juba v. General Builders Supply Corp.

In an action to recover damages for personal injuries and for other relief, the appeal is from an order granting respondent’s motion for judgment on the pleadings and dismissing the complaint and from the judgment entered pursuant thereto dismissing the complaint and the reply to the affirmative defense in the answer. Respondent’s answer pleaded an affirmative defense that appellant was not the real party in interest, his cause of action against respondent having been assigned by operation of statute on September 2, 1950, pursuant to section 29 of the Workmen’s Compensation Law (as amd. by L.…