From Casetext: Smarter Legal Research

Nelson v. Buffalo Niagara Electric Corporation

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 1, 1942
264 App. Div. 941 (N.Y. App. Div. 1942)

Opinion

July 1, 1942.

Present — Cunningham, Taylor, Dowling, Harris and McCurn, JJ.


Order reversed on the law, with ten dollars costs and disbursements, and motion granted, without costs. Memorandum: We think the six months' Statute of Limitations (Workmen's Comp. Law, § 29, subd. 1), began to run on November 14, 1940, when the first award of compensation was made to and accepted by plaintiff. ( Schubert v. Finkelstein, 244 N.Y. 583 ; Lunn v. Andrews, 268 id. 538, 539; Carter v. Brooklyn Ladder Co., Inc., 175 Misc. 920; Hession v. Sari Corp., 283 N.Y. 262, 265.) Inasmuch as the plaintiff's action was not commenced within six months from that date, such cause of action became the property of the person, corporation or fund which paid the compensation. (Workmen's Comp. Law, § 29, subd. 2.) Plaintiff, therefore, lacks capacity to sue (Civ. Prac. Act, § 210; see, also, Waite Nursery Development Co. v. Just, 266 N.Y. 496) and the motion to dismiss the complaint should have been granted. All concur. (The order denies defendant's motion to dismiss plaintiff's complaint in a negligence action.)


Summaries of

Nelson v. Buffalo Niagara Electric Corporation

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 1, 1942
264 App. Div. 941 (N.Y. App. Div. 1942)
Case details for

Nelson v. Buffalo Niagara Electric Corporation

Case Details

Full title:GUNNAR NELSON, Respondent, v. BUFFALO NIAGARA ELECTRIC CORPORATION…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Jul 1, 1942

Citations

264 App. Div. 941 (N.Y. App. Div. 1942)

Citing Cases

Werkley v. Koninklijke Luchtvaart Maatschappij N.V.

It has been determined that the six months' period within which a compensation claimant must pursue his…

Rose v. Sun Oil Co.

Both of these cases are distinguishable in that in the above cases the automatic assignment of the causes of…