Olker v. Salomone

On October 31, 1950, plaintiff sustained injuries in the course of his employment. On February 19, 1951, a compensation award was made to plaintiff. On May 9, 1951, the compensation carrier of plaintiff’s employer asserted its lien on the proceeds of any recovery in any action against a third party. On October 30, 1951, plaintiff commenced his third-party action. Appellants’ answer, served December 4, 1951, is a general denial. In June, 1952, appellants moved for leave to serve an amended answer to allege that plaintiff is not a proper party plaintiff because the action had been assigned to…