Hazzard v. Finch Pruyn & Co.

Plaintiff in the first action seeks recovery for personal injuries sustained while a passenger on defendant’s truck and while employed by one Lyttle. The plaintiff received a compensation award which was paid by the plaintiff in the second action as the compensation insurance carrier of the employer Lyttle.

Defendant in the first action moves for dismissal of the complaint therein and judgment in its favor on the ground that the action was not commenced within the time limited therefor by section 29 of the Workmen’s Compensation Law.

Plaintiff in the second action brings action against the…