Hansen v. Cauldwell-Wingate Co.

In an action by an employee of a subcontractor on a building under construction to recover damages for personal injuries against the general contractor and another subcontractor, said defendants moved to dismiss the complaint, pursuant to rule 107 of the Rules of Civil Practice, on the ground that plaintiff was not the real party in interest, his cause of action having been assigned to his employer’s compensation carrier by operation of section 29 of the Workmen’s Compensation Law, and plaintiff cross-moved pursuant to the same rule to dismiss the affirmative defense pleaded in defendants’…