JUBA v. GEN. BLDRS. SUPPLY CORP.


7 N.Y.2d 48 (1959)

George S. Juba, Appellant, v. General Builders Supply Corp., Respondent, et al., Defendant.

Court of Appeals of the State of New York.

Reargued October 5, 1959.

Decided November 25, 1959.


Attorney(s) appearing for the Case

Henry Hirschberg for appellant.

Willard B. VanderVoort for respondent.

Chief Judge CONWAY and Judges FULD, FROESSEL and BURKE concur with Judge DESMOND; Judge DYE dissents in an opinion in which Judge VAN VOORHIS concurs.


DESMOND, J.

The appeal by plaintiff in this personal injury negligence action is from a judgment on the pleadings dismissing the complaint on the ground that plaintiff is not the real party in interest. The question of law is this: when an injured workman has filed a claim for workmen's compensation and an award has been made to him but remains unpaid because his employer is uninsured and insolvent, does section...

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