Majority
p. 776In the Matter of the Claim of Alvina Waltanen, Respondent, against Acle Construction Company and Another, Appellants. State Industrial Board, Respondent.
Award reversed and claim dismissed, with costs against the State Industrial Board, on the ground of claimant’s failure to withdraw her notice of election to sue a third party before the Statute of Limitations had run for the bringing of an action by the carrier. (Matter of McKee v. White, 218 App. Div. 300 ; affd., without opinion, 244 N. Y. 610 .) Hinman, Acting P. J., Davis, Whitmyer, Hill and Hasbrouek, JJ., concur.
Cases cited
- Claim of McKee v. White 244 N. Y. 610 p. 776