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MARMET v. RANKINS

4 A.D.2d 485 (1957)

Leonard Marmet, Respondent, v. Edwin D. Rankins, Appellant

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

October 30, 1957.

Attorney(s) appearing for the Case

Leon J. Marketos for appellant.

Philip D. O'Donnell for respondent.

All concur. Present — McCURN, P. J., VAUGHAN, KIMBALL, WILLIAMS and GOLDMAN, JJ.

GOLDMAN, J.

This appeal questions the power of Special Term to substitute as plaintiff a compensation carrier, in place of an injured employee after the expiration of the three-year period of limitations on tort actions. The employee was injured on October 15, 1953 in a motor vehicle collision, and subsequently received compensation from the carrier. On February 1, 1956 the employee commenced this common-law action...

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