Wroblinski v. Holbrook Cabot & Rollins Corp.
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Sixth District. Action by Alexander Wroblinski against the Holbrook Cabot & Rollins Corporation. Judgment for plaintiff, after a trial by judge and jury, and defendant appeals.
1Opinion of the CourtBijur, J.
This action was tried as one under the Employers’ Liability Act (Labor Law [Consol. Laws, c. 31] § 200 et seq.). There was no proof that the notice required by section 201 was served before the commencement of the action, and objection to the admission of the notice on that ground was specifically made. Unless the notice is served before the beginning of the suit it is of no avail. Warrine v. Eagle Wagon Works, 131 App. Div. 924, 115 N. Y. Supp. 1148; Hope v. Scranton Coal Co., 120 App. Div. 595-597, 105 N. Y. Supp. 372; Grasso v. Holbrook, 102 App. Div. 49, 92 N. Y. Supp. 101; Finnigan v. N.…
2Cases cited4 opinions
- Finnigan v. New York Contracting Co.New York Court of Appeals · 1909
- Hope v. Soranton & Lehigh Coal Co.Appellate Division of the Supreme Court of the State of New York · 1907
- Grasso v. Holbrook, Cabot & Daly Contracting Co.Appellate Division of the Supreme Court of the State of New York · 1905
- Warrine v. Eagle Wagon WorksAppellate Division of the Supreme Court of the State of New York · 1909