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HANSEN v. CAULDWELL-WINGATE CO.

25 Misc.2d 857 (1960)

Michael Hansen, Plaintiff, v. Cauldwell-Wingate Co. et al., Defendants. Cauldwell-Wingate Co., Third-Party Plaintiff, v. Chesebro-Whitman Co., Third-Party Defendant.

Supreme Court, Trial Term, Kings County.

May 31, 1960.

Attorney(s) appearing for the Case

Hyman Hammer and Lester Morse for plaintiff. Rudser & Fitzmaurice (Joseph Onorato of counsel), for defendants and third-party plaintiff. Galli, Terhune, Gibbins & Mulvehill (William A. Roe of counsel), for third-party defendant.

BENJAMIN BRENNER, J.

In an action to recover for personal injuries, a preliminary trial was had, without a jury, to determine the merits of an affirmative defense that the plaintiff is not the real party in interest. The defendants claim that there was an effectual assignment of plaintiff's cause of action to the compensation carrier of his employer by legal operation of section 29 of the Workmen's Compensation...

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