Legal Opinion
Lehman v. Hartke
Appellate Division of the Supreme Court of the State of New York
Decided November 23, 1955PublishedCited by 5 opinions
1Per curiam
The defendant Silverberg appeals from an order denying her motion for leave to amend her answer by interposing the affirmative defense that the plaintiff’s cause of action had been automatically assigned to the workmen’s compensation insurance carrier of the plaintiff’s employer prior to the commencement of the action and that the plaintiff was not the real party in interest.
The relevant dates are important: (1) On December 29,1949, the plaintiff allegedly suffered injuries by reason of the defendants’ negligence. (2) On November 12, 1952, about six weeks before the expiration of the…
2Cases cited6 opinions
- Van Der Stegen v. Neuss, Hesslein & Co.New York Court of Appeals · 1936
- Weldon v. United StatesCourt of Appeals for the First Circuit · 1933
- Farrell v. American Beverage Corp.New York Supreme Court · 1953
- Wilton v. RadishAppellate Division of the Supreme Court of the State of New York · 1944
- Rosenfeld v. Parbrook Construction Co.Appellate Division of the Supreme Court of the State of New York · 1952
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Dolce v. Cayuga Foundation Corp.Civil Court of the City of New York · 1963
- Minasy v. Foster Wheeler Corp.Appellate Division of the Supreme Court of the State of New York · 1962
- Marmet v. RankinsAppellate Division of the Supreme Court of the State of New York · 1957
- Peritore v. Niagara Mohawk Power Corp.New York Supreme Court · 1956
- Marmet v. RankinsNew York Supreme Court · 1957