Opinion
May 9, 1949.
Present — Nolan, P.J., Carswell, Sneed, Wenzel and MacCrate, JJ. [ 192 Misc. 811.] [See post, p. 1002.]
Action by an employee, after receipt of compensation payments and expiration of the statutory period within which to bring an action for damages against another whose alleged negligence had resulted in the injury, for judgment against such third party, to be entered in the name of the insurance carrier of her employer. Judgment for defendants, entered upon an order granting motion to dismiss the complaint for insufficiency and lack of capacity to sue, unanimously affirmed, with $10 costs and disbursements. No opinion.