Opinion
November 7, 1951.
Present — Peck, P.J., Glennon, Dore, Cohn and Callahan, JJ. [See post, p. 733.]
The moving papers show delivery of the award to plaintiff's attorney. The plaintiff offers no proof to the contrary. No attack can be made on the award after three months from the date of delivery ( Matter of Heidelberger [ Cooper], 300 N.Y. 502; Raven Elec. Co. v. Linzer, 302 N.Y. 188). Any cause of action would be barred by this period of limitation. Order unanimously reversed, with $20 costs and disbursements, and defendant's motion to dismiss the complaint granted. Settle order on notice.