Claim of Cordero v. Hotel New Yorker

Appellate Division of the Supreme Court of New York

Claim of Cordero v. Hotel New Yorker

260 A.D. 821, 22 N.Y.S.2d 406, 1940 N.Y. App. Div. LEXIS 4835

CourtAppellate Division of the Supreme Court of the State of New York

DecidedSeptember 18, 1940

StatusPublished

This text of 260 A.D. 821 (Claim of Cordero v. Hotel New Yorker) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Claim of Cordero v. Hotel New Yorker, 260 A.D. 821, 22 N.Y.S.2d 406, 1940 N.Y. App. Div. LEXIS 4835 (N.Y. Ct. App. 1940).

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Opinion

Appeal from an award made by the State Industrial Board in favor of claimant of one hundred per cent permanent loss of vision of the right eye. Claimant was employed as a kitchen man by the Hotel New Yorker in the city of New York. On May 3, 1938, while engaged in his regular occupation of washing pots some soap powder was blown into his right eye. There is evidence to sustain a finding that this accident caused a burn and break of the conjunctiva of the eyeball, from which an inflammatory condition resulted and ultimately caused the loss of vision found. The medical testimony on causal relation is very strongly against this finding but, nevertheless, there is competent medical testimony to support it. We are not permitted to weigh such evidence. Award unanimously affirmed, with costs to the State Industrial Board. Present — Hill, P. J., Bliss, Heffernan, Schenck and Foster, JJ.

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Appeal from an award made by the State Industrial Board in favor of claimant of one hundred per cent permanent loss of vision of the right eye. Claimant was employed as a kitchen man by the Hotel New Yorker in the city of New York. On May 3, 1938, while engaged in his regular occupation of washing pots some soap powder was blown into his right eye. There is evidence to sustain a finding that this accident caused a burn and break of the conjunctiva of the eyeball, from which an inflammatory condition resulted and ultimately caused the loss of vision found. The medical testimony on causal relation is very strongly against this finding but, nevertheless, there is competent medical testimony to support it. We are not permitted to weigh such evidence. Award unanimously affirmed, with costs to the State Industrial Board. Present — Hill, P. J., Bliss, Heffernan, Schenck and Foster, JJ.

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Bluebook (online)

260 A.D. 821, 22 N.Y.S.2d 406, 1940 N.Y. App. Div. LEXIS 4835, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-cordero-v-hotel-new-yorker-nyappdiv-1940.