MARMET v. RANKINS


5 Misc.2d 316 (1957)

Leonard Marmet, Plaintiff, v. Edwin D. Rankins, Defendant.

Supreme Court, Special Term, Oneida County.

February 20, 1957.


Attorney(s) appearing for the Case

Leon J. Marketos for defendant.

James P. O'Donnell & Sons for plaintiff.


FRANK DEL VECCHIO, J.

This is a motion to dismiss the complaint in the above-entitled action upon the ground that the claim has been assigned by operation of section 29 of the Workmen's Compensation Law to the New England Insurance Company and that plaintiff is therefore not the real party in interest.

On the argument plaintiff's attorney conceded the assignment but made a cross motion to substitute the...

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