LEVINE v. CITY OF NEW YORK


8 Misc.2d 410 (1957)

Ethel Levine, as Administratrix of The Estate of Morris Levine, Deceased, Plaintiff, v. City of New York, Defendant.

Supreme Court, Trial Term, Queens County.

November 6, 1957.


Attorney(s) appearing for the Case

Jerome Golenbock for plaintiff.

Peter Campbell Brown, Corporation Counsel (James W. Fay of counsel), for defendant.


SAMUEL RABIN, J.

This is an action grounded on the Jones Act to recover for the wrongful death of the decedent, an employee of the defendant. As a complete defense to this action the defendant pleaded in its answer that the plaintiff had waived any right she may have had to bring this action because she had filed a claim for death benefits under the Workmen's Compensation Law of the State of New York and had received and retained the benefits under a...

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