Claim of Waltanen v. Acle Construction Co. , 231 A.D. 776 ( 1930 )

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.