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KAGAN v. DAVIDSON TRANSFER & STORAGE CO.

No. 11274.

106 F.Supp. 71 (1952)

KAGAN v. DAVIDSON TRANSFER & STORAGE CO.

United States District Court, E. D. New York.

January 8, 1952.

Attorney(s) appearing for the Case

Alexander & Ash, New York City, for defendant (Sidney A. Schwartz, New York City, of counsel).

M. Hiram Kagan, Brooklyn, for plaintiff (Ora Copel, Brooklyn, of counsel).

KENNEDY, District Judge.

The plaintiff moves to strike the second defense in defendant's answer (that plaintiff has no capacity to sue), the claim being that title to the first and second causes of action has vested in the compensation carrier, Century Indemnity Co. Workmen's Compensation Law, sec. 29, McK.Consol.Laws, c. 67. There is a cross-motion by defendant for summary judgment on the ground that under the uncontrovertible facts the second defense is a complete...

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