Marmet v. Rankins

This is a motion to dismiss the complaint in the above-entitled action upon the ground that the claim has been assigned by operation of section 29 of the Workmen’s Compensation Law to the New England Insurance Company and that plaintiff is therefore not the real party in interest.

On the argument plaintiff’s attorney conceded the assignment but made a cross motion to substitute the insurance carrier in place of the individual plaintiff.

The cause of action alleged in the complaint arose on October 15, 1953, approximately three years and three months prior to the motions. Plaintiff relies…