Claim of Daniels v. Max Udell Sons & Co.

Appellate Division of the Supreme Court of New York

Claim of Daniels v. Max Udell Sons & Co.

261 A.D. 855, 24 N.Y.S.2d 747, 1941 N.Y. App. Div. LEXIS 7785

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

DecidedJanuary 15, 1941

StatusPublished

This text of 261 A.D. 855 (Claim of Daniels v. Max Udell Sons & Co.) 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 Daniels v. Max Udell Sons & Co., 261 A.D. 855, 24 N.Y.S.2d 747, 1941 N.Y. App. Div. LEXIS 7785 (N.Y. Ct. App. 1941).

Pincite

Opinion

Decision reversed and matter remitted to the State Industrial Board upon the grounds that the only material medical proof was given by Dr. Geller, which is equivocal. Hill, P. J., Bliss and Heffeman, JJ., concur; Crapser and Sehenck, JJ., dissent upon the ground that the undisputed [856]*856hospital records in evidence show that the claimant had tuberculosis previous to the time that Dr. Geller was admitted to practice medicine and that there is a question of fact involved which has been resolved by the State Industrial Board and which this court has no jurisdiction to review.

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Decision reversed and matter remitted to the State Industrial Board upon the grounds that the only material medical proof was given by Dr. Geller, which is equivocal. Hill, P. J., Bliss and Heffeman, JJ., concur; Crapser and Sehenck, JJ., dissent upon the ground that the undisputed [856]*856hospital records in evidence show that the claimant had tuberculosis previous to the time that Dr. Geller was admitted to practice medicine and that there is a question of fact involved which has been resolved by the State Industrial Board and which this court has no jurisdiction to review.

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Bluebook (online)

261 A.D. 855, 24 N.Y.S.2d 747, 1941 N.Y. App. Div. LEXIS 7785, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-daniels-v-max-udell-sons-co-nyappdiv-1941.