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AETNA CAS. v. SANDY HILL CORP.

54 A.D.2d 222 (1976)

Aetna Casualty and Surety Division of Aetna Life and Casualty Co., Appellant, v. Sandy Hill Corporation, Respondent

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

November 10, 1976

Attorney(s) appearing for the Case

Julien & Schlesinger, P. C. (Alfred S. Julien and David Jaroslawicz of counsel), for appellant.

Layden & Layden (Edward F. Layden of counsel), for respondent.

KOREMAN, P. J., GREENBLOTT, MAHONEY and REYNOLDS, JJ., concur.

SWEENEY, J.

The underlying cause of action is one for wrongful death. The decedent was killed on September 4, 1971 and his surviving spouse, after a hearing on November 30, 1971, was awarded workmen's compensation death benefits. By a letter dated February 15, 1973 plaintiff Aetna served decedent's spouse with the requisite notice that due to her failure to institute a third-party action, it intended to do so...

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