Appellate Division of the Supreme Court of the State of New York November 19, 1941 (Claim of Prati v. Jabez Burns & Sons, Inc.)

Hill, P. J.

An award for the loss of claimant’s right eye has been denied and his claim disallowed and dismissed “ on the ground claimant, by delaying his discontinuance of the third party action until one month prior to the expiration of the Statute of Limitations, has prejudiced and deprived the employer and carrier of their rights to subrogation.” Claimant appeals.