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Matter of McCann v. Baker Elevator Corporation

Appellate Division of the Supreme Court of New York, Third Department
Sep 1, 1933
240 App. Div. 796 (N.Y. App. Div. 1933)
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Summary

In McCann v. Baker Elevator Corp. (240 App. Div. 796; affd., 264 N.Y. 529) the claimant, without filing a notice of election to sue a third party, brought an action which was discontinued without the consent of the employer and insurance carrier, and later brought an action against another party in which a judgment was obtained by the defendant.

Summary of this case from Matter of Stout v. Prudential Insurance Co.
See 1 Summary

Opinion

September, 1933.

Present — Hill, P.J., Rhodes, McNamee, Crapser and Heffernan, JJ.

Award unanimously affirmed, with costs to the State Industrial Board.

Summaries of

Matter of McCann v. Baker Elevator Corporation

Appellate Division of the Supreme Court of New York, Third Department
Sep 1, 1933
240 App. Div. 796 (N.Y. App. Div. 1933)

In McCann v. Baker Elevator Corp. (240 App. Div. 796; affd., 264 N.Y. 529) the claimant, without filing a notice of election to sue a third party, brought an action which was discontinued without the consent of the employer and insurance carrier, and later brought an action against another party in which a judgment was obtained by the defendant.

Summary of this case from Matter of Stout v. Prudential Insurance Co.
Case details for

Matter of McCann v. Baker Elevator Corporation

Case Details

Full title:In the Matter of the Claim of JOHN McCANN, Respondent, against BAKER…

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

Date published: Sep 1, 1933

Citations

240 App. Div. 796 (N.Y. App. Div. 1933)

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Matter of Stout v. Prudential Insurance Co.

In Stratton v. Kay, Inc. ( 246 App. Div. 659; leave to appeal to the Court of Appeals denied, 270 N.Y. 676)…

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