174 Misc. 1 | N.Y. App. Term. | 1940
Prior to the 1937 amendment (Laws of 1937, chap. 684) of section 29 of the Workmen’s Compensation Law, the settlement of the action brought by the employee against the third party and the general release executed in accordance therewith would not have constituted a bar to the maintenance of the present action by the insurance carrier of the employer for medical treatment furnished pursuant to the Workmen’s Compensation Law (Workmen’s Comp. Law, § 13, subd. c; Commercial Casualty Ins. Co. v. o Dwyer Bros. Lighterage, 137 Misc. 440; affd., App. Term, First
Judgment reversed, with thirty dollars costs, and judgment directed in favor of the plaintiff for thirty dollars, with interest and costs.
All concur. Present — McCook, Shientag and Miller, JJ.