Opinion · Nylaw New York

SCHAUB v. SPRINGER, 272 App. Div. 782 (1947)

FRANCIS SCHAUB, Appellant, v. SYLVIA SPRINGER et al., Respondents., 272 A.D. 782 (Appellate Division of the Supreme Court of New York, Second Department. 1947)

Type
Opinion
Court
New York
Jurisdiction
New York
Date
1947-04-22
Topic
general

SCHAUB v. SPRINGER, 272 App. Div. 782 (1947) FRANCIS SCHAUB, Appellant, v. SYLVIA SPRINGER et al., Respondents.Appellate Division of the Supreme Court of New York, Second Department. April 22, 1947.

Citator

UpLaw has not yet analyzed SCHAUB v. SPRINGER, 272 App. Div. 782 (1947). The absence of a flag is not a finding that it is good law.

SCHAUB v. SPRINGER,272 App. Div. 782(1947)
FRANCIS SCHAUB, Appellant, v. SYLVIA SPRINGER et al., Respondents.
Appellate Division of the Supreme Court of New York, Second Department.
April 22, 1947.
In an action to recover damages for personal injuries sustained in hazardous employment as defined in the Workmen's Compensation Law, upon the ground that plaintiff had elected to proceed under that law, order granting defendants' motion to dismiss the complaint reversed on the law, with $10 costs and disbursements, and the motion denied, without costs. The filing of a claimPage 783with the Industrial Commissioner, without further proceedings thereon, did not constitute an election of remedy within section 11 of the Workmen's Compensation Law. Other issues presented must await trial. Hagarty, Acting P.J., Carswell, Adel, Nolan and Sneed, JJ., concur.