Claim of Demeny v. Gerard

Appellate Division of the Supreme Court of New York

Claim of Demeny v. Gerard

260 A.D. 820, 22 N.Y.S.2d 446, 1940 N.Y. App. Div. LEXIS 4832

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

DecidedSeptember 18, 1940

StatusPublished

This text of 260 A.D. 820 (Claim of Demeny v. Gerard) 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 Demeny v. Gerard, 260 A.D. 820, 22 N.Y.S.2d 446, 1940 N.Y. App. Div. LEXIS 4832 (N.Y. Ct. App. 1940).

Pincite

Opinion

This is an appeal from an award for disability compensation. The issues raised by this appeal are whether or not the claimant sustained an accidental injury within the meaning of the Workmen’s Compensation Law either by over-exertion or by being exposed to carbon monoxide fumes. The claimant for a period of two and one-half hours worked on an automobile of his employer in proximity to a ramp over which ears entered and left the garage. During the period the decedent was working, many automobiles passed over this ramp and exposed claimant to carbon monoxide fumes. He became nauseated and sick. The evidence in the record amply supports the award. Award’unanimously affirmed, with costs to the State Industrial Board. Present — Hill, P. J., Crapser, Bliss, Schenck and Foster, JJ.

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This is an appeal from an award for disability compensation. The issues raised by this appeal are whether or not the claimant sustained an accidental injury within the meaning of the Workmen’s Compensation Law either by over-exertion or by being exposed to carbon monoxide fumes. The claimant for a period of two and one-half hours worked on an automobile of his employer in proximity to a ramp over which ears entered and left the garage. During the period the decedent was working, many automobiles passed over this ramp and exposed claimant to carbon monoxide fumes. He became nauseated and sick. The evidence in the record amply supports the award. Award’unanimously affirmed, with costs to the State Industrial Board. Present — Hill, P. J., Crapser, Bliss, Schenck and Foster, JJ.

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Bluebook (online)

260 A.D. 820, 22 N.Y.S.2d 446, 1940 N.Y. App. Div. LEXIS 4832, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-demeny-v-gerard-nyappdiv-1940.