Legal Opinion
Eisenberg v. Louis Adler Realty Co.
Appellate Division of the Supreme Court of the State of New York
Decided May 10, 1948PublishedCited by 3 opinions
1Opinion of the CourtShientag, J.
This appeal involves a construction of subdivisions 1 and 2 of section 29 of the Workmen’s Compensation Law. That section, so far as is here pertinent, provides that an injured workman may take compensation and also sue a third party causing the injury, but that the third-party action “ must he commenced not later than six months after the awarding of compensation and in any event before the expiration of one year from the date such action accrues.” If such action is not commenced within the time limited by subdivision 1, then under subdivision 2 “ such failure shall operate as an assignment…
2Cases cited11 opinions
- Livingston v. BishopNew York Supreme Court · 1806
- Russell v. . McCallNew York Court of Appeals · 1894
- Taylor v. New York Central R.R. Co.New York Court of Appeals · 1945
- Squire v. . OrdemannNew York Court of Appeals · 1909
- Grossman v. Consolidated Edison Co. of New York, Inc.New York Court of Appeals · 1945
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3Cited by3 opinions
- Friello v. Black & Decker Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1962
- Eisenberg v. Louis Adler Realty Co.Appellate Division of the Supreme Court of the State of New York · 1948
- Weingarten v. CohenAppellate Division of the Supreme Court of the State of New York · 1948