Majority
p. 550In the Matter of the Claim of George Tracy, Respondent, against Eastern Loading Corporation et al., Appellants. State Industrial Board, Respondent. (Argued January 21, 1925; decided February 25, 1925.)
Headnote
Workmen’s compensation •— master and servant — limitation of actions — when award of State Industrial Board made on claim filed more than one year after accident properly sustained under section 21 of Civil Practice Act.Tracy v. Eastern Loading Corp., 210 App. Div. 805 , affirmed.
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the third judicial
p. 551
department, entered July 12, 1924, unanimously affirming an award of the State Industrial Board made under the Workmen’s Compensation Law. Claimant was injured March 10, 1921, on a dock in New York city in the course of his employment as a longshoreman unloading a vessel. Thereafter he brought an action in the Supreme Court to recover for such injuries and recovered a verdict but the judgment based thereon was reversed June 9, 1922, and the complaint dismissed on the ground that the Workmen’s Compensation Law afforded the only remedy available to plaintiff.' On July 18, 1922, the present claim for compensation was filed and is contested on the ground that the claim was not filed within one year of the date of injury as required by section 28 of the Workmen’s Compensation Law. The Appellate Division affirmed the award under section 23-a of the Civil Practice Act on authority of Robinson v. Robins Dry Dock Co. ( 238 N. Y. 271 ).
E. C. Sherwood and William B. Davis for appellants.
James A. Gray and William S. Butler for claimant, respondent.
Albert Ottinger, Attorney-General (E. C. Aiken of counsel), for State Industrial Board, respondent.
Order affirmed, with costs; no opinion.
Concur: Cardozo, Pound, Crane and Lehman, JJ. Dissenting: Hiscock, Ch. J., and Andrews, J. Absent: McLaughlin, J.
Cases cited
- Robinson v. Robins Dry Dock & Repair Co. 238 N. Y. 271 p. 551