LIBERTY MUT. INS. CO. v. CANADIAN PAC. R. R. CO.


196 Misc. 852 (1949)

Liberty Mutual Insurance Company, Plaintiff, v. Canadian Pacific Railroad Company et al., Defendants.

Supreme Court, Special Term, Kings County.

December 2, 1949.


Attorney(s) appearing for the Case

Thomas F. Kane for plaintiff.

Shearman & Sterling & Wright for Canadian Pacific Railroad Company, defendant.

Richard R. Bongartz for David E. Smucker and another, as trustees for the Long Island Railroad Company, defendants.


MURPHY, J.

Motion is made by defendants in this action, which is brought by plaintiff as a third-party assignee pursuant to the provisions of section 29 of the Workmen's Compensation Law, to eliminate from the caption and other parts of the pleading certain portions thereof wherein reference is made to the original plaintiffs. The claim of the injured workman, original owner of the claim, the latter having taken compensation and having failed to commence...

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