In this action to recover damages for personal injuries, appellant, a laborer in the employ of respondent, received severe burns when he left his home in Carle Place, Nassau County, which was across the street from the site of his employment, on a Sunday morning, which was not a workday for him, to enter a small field office on the site of respondent's construction job, because the building was burning and he knew that respondent's watchman was within. Although appellant never presented any notice of claim for compensation payments and did not participate in proceedings before the Workmen's Compensation Board with respect to such payments, he accepted a series of such payments, the aggregate amount of which was equal to the total amount of an award which the said board made for his injuries. The trial court set aside a verdict in favor of appellant and dismissed the complaint, on the ground that respondent's defense of res judicata, based on the said award, had been established as a matter of law, and on the further ground that, in any event, acceptance of the payments constituted an accord and satisfaction. The appeal is from the judgment dismissing the complaint. Judgment unanimously affirmed, with costs. No opinion.