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CITY OF NEW YORK v. CASEY

15 Misc.2d 556 (1958)

City of New York, Acting by the Board of Transportation of the City of New York, Plaintiff, v. Rita Casey, as Administratrix of The Estate of Walter J. Casey, Deceased, Defendant.

Supreme Court, Special Term, Kings County.

September 20, 1958.

Attorney(s) appearing for the Case

Peter Campbell Brown, Corporation Counsel, for plaintiff.

Konheim, Halpern & Wolf for defendant.

JAMES S. BROWN, J.

In this third-party action instituted by plaintiff as assignee pursuant to section 29 of the Workmen's Compensation Law defendant moves to dismiss the complaint for failure of the plaintiff to prosecute the action with due diligence, granting judgment on the pleadings pursuant to rule 112 of the Rules of Civil Practice and for summary judgment. The papers reveal that plaintiff's assignor,...

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