Nelson v. Buffalo Niagara Electric Corp.

Order reversed on the law, with ten doHars costs and disbursements, and motion granted, without costs. Memorandum: We think the six months’ Statute of Limitations (Workmen’s Comp. Law, § 29, subd. 1), began to run on November 14, 1940, when the first award of compensation was made to and accepted by plaintiff. (Schubert v. Finkelstein, 244 N. Y. *942583; Lunn v. Andrews, 268 id. 538, 539; Carter v. Brooklyn Ladder Co., Inc., 175 Misc. 920; Hession v. Sari Corp., 283 N. Y. 262, 265.) Inasmuch as the plaintiff’s action was not commenced within six months from that date, such cause of action…