Every right of action existing on the seventeenth day of February, nineteen hundred and nine, for negligence or to recover damages for injuries resulting in death is continued and nothing in this article contained shall be construed as limiting any such right of action, nor shall the failure to give the notice provided for in section three of this article be a bar to the maintenance of a suit upon any such existing right of action.
N.Y. Empl'rs Liab. Law § 7