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PLUMITALLO v. 1407 BROADWAY REALTY CORP.

279 A.D. 1019 (1952)

Louis Plumitallo, Respondent, v. 1407 Broadway Realty Corp. et al., Defendants, and Thomas Hooker, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

April 14, 1952.

Order affirmed, with $10 costs and disbursements.

The commencement of the action against the Raisler Corp. on December 6, 1950, within the time limited by section 29 of the Workmen's Compensation Law is sufficient to defeat appellant's motion to dismiss the complaint, even though he was served after the time limited by that section as it existed before September 1, 1951. Employer and employee are so united in interest within the meaning of section 16 of the Civil...

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