Schaub v. Springer
This text of 272 A.D.2d 782 (Schaub v. Springer) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
In an action to recover damages for personal injuries sustained in hazardous employment as defined in the Workmen’s Compensation Law, upon the ground that plaintiff had elected to proceed under that law, order granting defendants’ motion to dismiss the complaint reversed on the law, with $10 costs and disbursements, and the motion denied, without costs. The filing of a claim [783]*783with the Industrial Commissioner, without further proceedings thereon, did not constitute an election of remedy within section 11 of the Workmen’s Compensation Law. Other issues presented must await trial. Hagarty, Acting P. J., Carswell, Adel, Nolan and Sneed, JJ., concur.
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272 A.D.2d 782, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schaub-v-springer-nyappdiv-1947.