Friello v. Black & Decker Manufacturing Co.

In a negligence action by plaintiffs pursuant to statute (Workmen’s Compensation Law, § 29, suibds. 1, 2), to recover from third, parties (other than their employer, Colonial Sand So Stone Company) damages sustained by them in the course of their employment, in which one of the third parties, defendant Carborundum Company, asserted the defense that the plaintiffs failed to commence the action within the time prescribed by said statute and that under its provisions such failure operated as an assignment to the employer or to its workmen’s compensation insurance carrier of the causes of action…