Legal Opinion
Matter of Burmester v. De Lucia
New York Court of Appeals
Decided January 16, 1934PublishedCited by 6 opinions
1Opinion of the Court
Hubbs, J,
Claimant was injured on April 13, 1927. He was then nineteen years of age. The next day he filed a claim for compensation with the Department of Labor. On July 28, 1927, he filed an election to sue a third party. Under section 49 of the Civil Practice Act the Statute of Limitations required the bringing of the action before April 13, 1930. The day before, or on April 12, 1930, plaintiff’s attorney in the third party action, notified the Bureau of Workmen’s Compensation that the third party action had been discontinued and that an order would be entered to that effect.
On May 10, 1930,…
2Cases cited7 opinions
- O'Brien v. LodiNew York Court of Appeals · 1927
- Roby v. American Central InsuranceNew York Court of Appeals · 1890
- Claim of McKee v. WhiteAppellate Division of the Supreme Court of the State of New York · 1926
- Matter of McKee v. WhiteNew York Court of Appeals · 1927
- Claim of Breital v. HindersteinAppellate Division of the Supreme Court of the State of New York · 1932
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Dashinsky v. SantjerAppellate Division of the Supreme Court of the State of New York · 1969
- Finchum v. ColaiacomoAppellate Division of the Supreme Court of the State of New York · 2008
- Board of Com'rs of Payne County v. HayterSupreme Court of Oklahoma · 1943
- Weber v. HendersonDistrict Court, E.D. Louisiana · 1956
- Claim of Duffy v. W. G. Cornell Co.Appellate Division of the Supreme Court of the State of New York · 1935
1 more not listed; retrieve them via the Exa API.