Claim of Balais v. Brady & Gioe
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Brady & Gioe and another, from an award of the State Industrial Commission, entered in the office of said Commission on the 7th day of April, 1919.
1Opinion of the Court
Woodward, J.:
There does not appear to be any serious question that the claimant would be entitled to the award which has been made in this case, except for the fact that the present claimant, as administratrix of the estate of her decedent, brought an action in the Supreme Court to recover for the death of the intestate, in which action she was defeated upon the merits, and it is now urged that having elected to sue, the claimant has made an election which operates as a bar to this proceeding under the Workmen’s Compensation Law.
The complete answer to this contention, it seems to us, is the…
2Cited by7 opinions
- Pardee v. Mutual Benefit Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1933
- In Re Spencer Kellogg & Sons, Inc.Court of Appeals for the Second Circuit · 1931
- Genesee Valley Trust Co. v. NewbornNew York Supreme Court · 1938
- In re the Probate of the Will of MarsNew York Surrogate's Court · 1952
- Jones v. Princeton Coal Co.Indiana Court of Appeals · 1923
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