Legal Opinion
Christison v. Wallace
Appellate Division of the Supreme Court of the State of New York
Decided December 7, 1942PublishedCited by 5 opinions
1Opinion of the Court
*938The Workmen’s Compensation Law (§ 29) provides, in substance, that unless the injured servant brings action against a third party, claimed to be liable by reason of his negligence, within six months after an award, or within one year after the accident, such failure shall operate as an assignment of the cause of action to the insurance carrier liable for the payment of such compensation. We are of opinion that the cause of action passed out of the plaintiff by operation of law upon his failure to prosecute it within the period prescribed by section 29 of the Workmen’s Compensation Law and,…
2Cases cited3 opinions
- Calagna v. Sheppard-Pollak, Inc.Appellate Division of the Supreme Court of the State of New York · 1942
- McCue v. J. F. Shea Co.New York Supreme Court · 1940
- McCue v. J. F. Shea Co.Appellate Division of the Supreme Court of the State of New York · 1940
3Cited by5 opinions
- Hatch v. Cherry-Burrell Corp.Appellate Division of the Supreme Court of the State of New York · 1948
- Oldford v. Moran Towing Corp.New York Supreme Court · 1945
- Friello v. Black & Decker Manufacturing Co.New York Supreme Court · 1961
- Hazzard v. Finch Pruyn & Co.New York Supreme Court · 1943
- McIntyre v. StewartNew York Supreme Court · 1944