Legal Opinion
Marmet v. Rankins
Appellate Division of the Supreme Court of the State of New York
Decided October 30, 1957PublishedCited by 1 opinion
1Opinion of the CourtGoldman, J.
This appeal questions the power of Special Term to substitute as plaintiff a compensation carrier, in place of an injured employee after the expiration of the three-year period of limitations on tort actions. The employee was injured on October 15,1953 in a motor vehicle collision, and subsequently received compensation from the carrier. On February 1, 1956 the employee commenced this common-law action. The answer, served before the period of limitations had run, raised the defense that the plaintiff had no capacity to sue inasmuch as his cause of action had been assigned to the carrier by…
2Cases cited6 opinions
- Travelers Insurance v. Brass Goods Manufacturing Co.New York Court of Appeals · 1925
- Taylor v. New York Central R.R. Co.New York Court of Appeals · 1945
- Skakandy v. StateAppellate Division of the Supreme Court of the State of New York · 1948
- Commissioners of State Insurance Fund v. E. T. Clark Carting Co.Appellate Division of the Supreme Court of the State of New York · 1948
- Wilton v. RadishAppellate Division of the Supreme Court of the State of New York · 1944
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3Cited by1 opinion
- Liberty Mutual Insurance v. Lockwood Greene Engineers, Inc.Supreme Court of Alabama · 1962