Calagna v. Sheppard-Pollak, Inc.

The action was brought by plaintiff for damages for personal injuries sustained on December 8, 1939, through negligence of the defendants. Plaintiff at the time was employed by a subcontractor. The defendants are the general contractor and other subcontractors, none of whom is the employer of plaintiff. Defendants assert plaintiff’s cause of action in which summons was not served until December 9, 1940, was not commenced within the one-year period of time limited by section 29 of the Workmen’s Compensation Law and move to dismiss the complaint on that ground. That section has reference to…