Olker v. Salomone

This is a motion by defendants for leave to serve an amended answer. They are sued in negligence as a result of injuries sustained by plaintiff on October 31, 1950, while in the employ of Eapid Contracting Corporation, which is not a party to this action. The employer provided workmen’s compensation coverage and the plaintiff received compensation awards commencing in February, 1951. This action was begun some eight months later on October 29, 1951. Prior to an amendment in 1951 of section 29 of the Workmen’s Compensa*1043tion Law, if an injured employee elected to take compensation and failed to…