Legal Opinion
Juba v. General Builders Supply Corp.
New York Court of Appeals
Decided November 25, 1959PublishedCited by 8 opinions
1Opinion of the CourtDesmond, J.
The appeal by plaintiff in this personal injury negligence action is from a judgment on the pleadings dismissing the complaint on the ground that plaintiff is not the real party in interest. The question of law is this: when an injured workman has filed a claim for workmen’s compensation and an award has been made to him but remains unpaid because his employer is uninsured and insolvent, does section 29 of the Workmen’s Compensation Law operate to deprive the injured man of his cause of action against a third party for causing the injury, when the injured man has brought suit within three…
2Cases cited5 opinions
- Taylor v. New York Central R.R. Co.New York Court of Appeals · 1945
- People v. DethloffNew York Court of Appeals · 1940
- Skakandy v. State of New YorkNew York Court of Appeals · 1949
- General Accident, Fire & Life Assurance Corp., of Perth v. Zerbe Construction Co.New York Court of Appeals · 1935
- Grossman v. Consolidated Edison Co. of New York, Inc.New York Court of Appeals · 1945
3Cited by8 opinions
- Cline v. Avery Abrasives, Inc.New York Supreme Court · 1978
- In Re MinorUnited States Bankruptcy Court, W.D. New York · 2011
- Gonyeau v. VosAppellate Division of the Supreme Court of the State of New York · 1977
- Graziano v. Medford Plaza Associates, Ltd.Appellate Division of the Supreme Court of the State of New York · 2003
- Sclafani v. Eastman Kodak Co.New York Supreme Court · 2001
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