Legal Opinion
Peritore v. Niagara Mohawk Power Corp.
New York Supreme Court
Decided December 12, 1956PublishedCited by 1 opinion
1Opinion of the CourtCarroll M. Roberts, J.
This is a motion by the defendant to amend its answer in order to plead as an affirmative defense the fact that plaintiff’s cause of action has been assigned to his compensation insurance carrier by reason of plaintiff’s failure to institute the action within the time limited pursuant to section 29 of the Workmen’s Compensation Law.
The proposed amended answer alleges that the plaintiff was an employee of Arute Brothers, Inc., at the time of his injury on July 27, 1953; that thereafter compensation awards were made to and received by the plaintiff; that on or about April 8, 1955 a letter was…
2Cases cited6 opinions
- Anderson v. New York Central RailroadAppellate Division of the Supreme Court of the State of New York · 1954
- Lehman v. HartkeAppellate Division of the Supreme Court of the State of New York · 1955
- Olker v. SalomoneAppellate Division of the Supreme Court of the State of New York · 1954
- Weingarten v. CohenNew York Court of Appeals · 1949
- Juba v. General Builders Supply Corp.Appellate Division of the Supreme Court of the State of New York · 1954
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Gorman v. Transocean Air LinesDistrict Court, D. Connecticut · 1957