Summary
In Sifkowitz v. International Ry. Co. (249 N.Y. 565) it was held that even though payments may have been advanced to an injured party by an insurance carrier, they are not regarded as payments of compensation where no award of compensation had ever been made nor a hearing had before the State Industrial Commission. (See, also, Godfrey v. Brooklyn Edison Co., 115 Misc. 21, 24, affd. on opinion below 196 A.D. 980; Hodges v. Bewley Truesdale Contr. Co., 231 A.D. 495; Moses v. Contower Realty Corp., 63 N.Y.S.2d 889; Employers' Liability Assurance Corporation v. Fisher, 13 N.Y.S.2d 902.)
Summary of this case from Mezzanotte v. MaurerOpinion
Argued October 12, 1928
Decided October 26, 1928
Appeal from the Supreme Court, Appellate Division, Fourth Department.
Noel S. Symons, John J.K. Caskie and Robert E. Miller for appellant.
Julius A. Grass and Alfred W. Mowitz for respondent.
Judgment affirmed, with costs; no opinion.
Concur: CARDOZO, Ch. J., POUND, CRANE, ANDREWS, LEHMAN, KELLOGG and O'BRIEN, JJ.