Friello v. Black & Decker Manufacturing Co.

Motion by defendant, the Carborundum Company, for summary judgment upon the ground that the action is barred by section 29 of the Workmen’s Compensation Law. There are triable issues as to whether the notices given by the compensation carrier comply with the requirements of subdivision 2 of section 29, both with regard to their content and the manner in which they were served (Gorman v. Transocean Air Lines, 158 F. Supp. 339 ; cf. Teresta v. City of New York, 277 App. Div. 787, revd. on other grounds 304 N. Y. 440).

Another circumstance here present would seem to render summary judgment…