Legal Opinion
Kagan v. Davidson Transfer & Storage Co.
District Court, E.D. New York
Decided January 8, 1952No. 11274Published
1Opinion of the Court
KENNEDY, District Judge.
The plaintiff moves to strike the second defense in defendant’s answer (that plaintiff has no capacity to sue), the claim being that title to the first and second causes of action has vested in the .compensation carrier, Century Indemnity Co. Workmen’s Compensation Law, sec. 29, McK.Consol.Laws, c. 67. There is a .cross-motion by defendant for summary judgment on the ground that under the uncontrovertible facts the second defense -is a complete bar to a recovery.1 The case is ruled by New York laws.
A brief reference to the facts disclosed by the affidavits is…
2Cases cited7 opinions
- Walling v. Richmond Screw Anchor Co.Court of Appeals for the Second Circuit · 1946
- Travelers Insurance v. Brass Goods Manufacturing Co.New York Court of Appeals · 1925
- Royal Indemnity Co. v. HellerNew York Court of Appeals · 1931
- Matter of Di Donato v. RosenbergNew York Court of Appeals · 1931
- Schubert v. FinkelsteinNew York Court of Appeals · 1927
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