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Polino v. United States Radiator Co.

200 A.D. 849 Court N.Y. App. Div. English

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p. 849
Before State Industrial Commission, Respondent. In the Matter of the Claim for Compensation under the Workmen’s Compensation Law, Made by Mrs. Mary Polino, Dependent Mother, and Frank Snown, Dependent Brother, Respondents, on Account of the Death of Joseph Snown, Deceased, v. The United States Radiator Company, Employer, and The Ocean Accident and Guarantee Corporation, Ltd., Insurance Carrier, Appellants.

Award unanimously affirmed, on the ground that the filing with the Commission of an election, under the form of the Commission, of the right to sue a third person, with a reservation, may be treated as the filing of a claim. (Ridout v. Rodgers & Haggerty, 14 State Dept. Rep. 710; affd., 185 App. Div. 901 ; affd., 224 N. Y. 711 .)

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