Travelers Insurance v. Terminal Cab Corp.

Appellate Terms of the Supreme Court of New York

Travelers Insurance v. Terminal Cab Corp.

146 Misc. 274, 262 N.Y.S. 283, 1931 N.Y. Misc. LEXIS 1814

CourtAppellate Terms of the Supreme Court of New York

DecidedMay 28, 1931

StatusPublished

This text of 146 Misc. 274 (Travelers Insurance v. Terminal Cab Corp.) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Travelers Insurance v. Terminal Cab Corp., 146 Misc. 274, 262 N.Y.S. 283, 1931 N.Y. Misc. LEXIS 1814 (N.Y. Ct. App. 1931).

Pincite

Opinion

Per Curiam.

Assuming that the cause of action granted by chapter 553 of the Laws of 1927, amending section 13 of the Workmen’s Compensation Law, extends to the insurance carrier as well as the employer, we feel that such cause of action is limited to expenses which have been approved by the Board as provided in section 24 of said law. We, therefore, find the present complaint insufficient for failure to allege such approval.

Order reversed, with ten dollars costs, and motion granted, with ten dollars costs, with leave to plaintiff to serve an amended complaint within five days after service of order entered hereon upon payment of said costs.

All concur; present, Levy, Callahan and Peters, JJ.

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Per Curiam.

Assuming that the cause of action granted by chapter 553 of the Laws of 1927, amending section 13 of the Workmen’s Compensation Law, extends to the insurance carrier as well as the employer, we feel that such cause of action is limited to expenses which have been approved by the Board as provided in section 24 of said law. We, therefore, find the present complaint insufficient for failure to allege such approval.

Order reversed, with ten dollars costs, and motion granted, with ten dollars costs, with leave to plaintiff to serve an amended complaint within five days after service of order entered hereon upon payment of said costs.

All concur; present, Levy, Callahan and Peters, JJ.

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Bluebook (online)

146 Misc. 274, 262 N.Y.S. 283, 1931 N.Y. Misc. LEXIS 1814, Counsel Stack Legal Research, https://law.counselstack.com/opinion/travelers-insurance-v-terminal-cab-corp-nyappterm-1931.