LEHMAN v. HARTKE


286 A.D. 661 (1955)

Mamie Lehman, Respondent, v. Louis Hartke, Defendant, and Jennie Silverberg, Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

November 23, 1955.


Attorney(s) appearing for the Case

Edward L. Bookstein for appellant.

Howard C. St. John for respondent.

FOSTER, P. J., BERGAN, COON, HALPERN and ZELLER, JJ., concur.


Per Curiam.

The defendant Silverberg appeals from an order denying her motion for leave to amend her answer by interposing the affirmative defense that the plaintiff's cause of action had been automatically assigned to the workmen's compensation insurance carrier of the plaintiff's employer prior to the commencement of the action and that the plaintiff was not the real party in interest.

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