Opinion
May, 1936.
Present — Hill, P.J., Rhodes, McNamee, Bliss and Heffernan, JJ.
Claimant was injured on November 10, 1932. He elected to sue a third party. On June 27, 1933, his action was dismissed on the ground that it had been brought against the wrong party (the general instead of the subcontractor). He then elected to take compensation. ( Matter of McCann v. Baker Elevator Corp., 264 N.Y. 529.) Award unanimously affirmed, with costs to the State Industrial Board.