Opinion
May 31, 1949.
Present — Glennon, J.P., Callahan, Van Voorhis and Shientag, JJ. [ 191 Misc. 937, affd. 194 Misc. 330.]
While we disagree with the ground on which the Appellate Term rested its decision, i.e., that the statute involved is retroactive, we find that as plaintiff had lost any right of action a suit was not brought by him against the third party within the meaning of section 13 Work. Comp. of the Workmen's Compensation Law as it existed at the time. Determination unanimously affirmed, with costs to the respondent.