Claim of Dimino v. Independent Warehouses, Inc.

Appellate Division of the Supreme Court of New York

Claim of Dimino v. Independent Warehouses, Inc.

259 A.D. 942, 19 N.Y.S.2d 846, 1940 N.Y. App. Div. LEXIS 7375

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

DecidedMay 15, 1940

StatusPublished

This text of 259 A.D. 942 (Claim of Dimino v. Independent Warehouses, Inc.) 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 Dimino v. Independent Warehouses, Inc., 259 A.D. 942, 19 N.Y.S.2d 846, 1940 N.Y. App. Div. LEXIS 7375 (N.Y. Ct. App. 1940).

Pincite

Opinion

Appeal by a self-insured employer from an award of death benefits made by the State Industrial Board to the widow and child of a deceased employee, and from an award of disability compensation due the deceased employee at the time of his death. Decedent was employed as a pier superintendent and received fatal injuries while on board a ship anchored at a pier in the navigable waters of New York harbor. Awards reversed and claims dismissed on the ground that the decedent was engaged in a maritime service on navigable waters at the time of his injuries and that the State Industrial Board had no jurisdiction. Hill, P. J., Bliss, Schenck and Foster, JJ., concur; Crapser, J., dissents and votes to affirm the award on the ground that claimant was a shore worker and the work being done when injured was incidental to such employment.

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Appeal by a self-insured employer from an award of death benefits made by the State Industrial Board to the widow and child of a deceased employee, and from an award of disability compensation due the deceased employee at the time of his death. Decedent was employed as a pier superintendent and received fatal injuries while on board a ship anchored at a pier in the navigable waters of New York harbor. Awards reversed and claims dismissed on the ground that the decedent was engaged in a maritime service on navigable waters at the time of his injuries and that the State Industrial Board had no jurisdiction. Hill, P. J., Bliss, Schenck and Foster, JJ., concur; Crapser, J., dissents and votes to affirm the award on the ground that claimant was a shore worker and the work being done when injured was incidental to such employment.

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Bluebook (online)

259 A.D. 942, 19 N.Y.S.2d 846, 1940 N.Y. App. Div. LEXIS 7375, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-dimino-v-independent-warehouses-inc-nyappdiv-1940.