Legal Opinion
Claim of Breital v. Hinderstein
Appellate Division of the Supreme Court of the State of New York
Decided July 1, 1932PublishedCited by 9 opinions
1Opinion of the CourtHinman, J.
This case involves an election to sue a third party by an infant through his father as guardian ad litem. Such third party action was voluntarily discontinued by stipulation without the consent of the carrier and without its knowledge after the claimant had reached twenty-one years of age but before the expiration of one year after his twenty-first birthday, up to which time the former infant could have renewed his action.
The accident happened on October 10, 1927. The infant claimant was born March 13, 1909, and was eighteen years of age at the time of the accident. His time to Sue the third…
2Cases cited2 opinions
- Travelers Insurance v. Brass Goods Manufacturing Co.New York Court of Appeals · 1925
- O'Brien v. LodiNew York Court of Appeals · 1927
3Cited by9 opinions
- King v. O. P. Baur Confectionery Co.Supreme Court of Colorado · 1937
- American Lumbermen's Mut. Casualty Co. v. LoweCourt of Appeals for the Second Circuit · 1934
- Matter of Burmester v. De LuciaNew York Court of Appeals · 1934
- Claim of Schreckinger v. York Distributors, Inc.Appellate Division of the Supreme Court of the State of New York · 1959
- Lumbermen's Mut. Casualty Co. v. LoweDistrict Court, E.D. New York · 1933
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