Plumitallo v. 1407 Broadway Realty Corp.

On this motion to dismiss the complaint against the defendant Hooker it appears that the plaintiff commenced third-party actions against several defendants prior to the expiration of the six-month period provided in section 29 of the Workmen’s Compensation Law; and that it was not until after the expiration of the said six-month period that service of summons was effected upon the defendant Hooker. The defendant Hooker now claims that the defense set forth in its "answer required judgment for the defendant, dismissing the complaint against said Hooker, because of the failure of the plaintiff…