Rosenfeld v. Parbrook Construction Co.

In an action to recover damages for personal injuries, defendant moved (four and a half years after the date of the accident and almost two and a half years after its answer had been interposed) to serve an amended answer alleging that under section 29 of the Workmen’s Compensation Law (as it read prior to September 1, 1951) the failure to commence this action within the time therein prescribed operated as an assignment of the cause of action to the compensation carrier and that plaintiff was not the real party in interest. The motion was granted and plaintiff appeals. Order reversed on the…