Claim of Gullestad v. Swanson Construction Corp.

Appellate Division of the Supreme Court of New York

Claim of Gullestad v. Swanson Construction Corp.

248 A.D. 652

Appellate Division of the Supreme Court of the State of New York·Decided May 15, 1936·Published

Opinion

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

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

Claim of Gullestad v. Swanson Construction Corp., 248 A.D. 652 (N.Y. Ct. App. 1936).

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Opinion

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