PERITORE v. NIAGARA MOHAWK POWER CORP.


4 Misc.2d 202 (1956)

Joseph Peritore, Plaintiff, v. Niagara Mohawk Power Corporation, Defendant and Third-Party Plaintiff. Arute Brothers, Inc., Third-Party Defendant.

Supreme Court, Special Term, Monroe County.

December 12, 1956.


Attorney(s) appearing for the Case

Frederick T. Pierson for defendant.

Thomas W. O'Connell for plaintiff.


CARROLL M. ROBERTS, J.

This is a motion by the defendant to amend its answer in order to plead as an affirmative defense the fact that plaintiff's cause of action has been assigned to his compensation insurance carrier by reason of plaintiff's failure to institute the action within the time limited pursuant to section 29 of the Workmen's Compensation Law.

The proposed amended answer alleges that the plaintiff...

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