Claim of Duprea v. Duprea Bros.

Appellate Division of the Supreme Court of New York

Claim of Duprea v. Duprea Bros.

224 A.D. 673

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

DecidedMay 15, 1928

StatusPublished

Cited by3 cases

This text of 224 A.D. 673 (Claim of Duprea v. Duprea Bros.) 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 Duprea v. Duprea Bros., 224 A.D. 673 (N.Y. Ct. App. 1928).

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Opinion

Per Curiam.

Claimant was a member of a copartnership doing business under the firm name of Duprea Brothers, shown in this record to be the employer. That the policy was intended to cover the employers is not indicated by its terms. No provision of the policy covers an employer and throughout the policy it appears that it is intended to cover only employees. The copartners are the employers and one of them may not become an employee of himself. The award should be reversed and the claim dismissed on the authority of Lyle v. Lyle Cider & Vinegar Co. (215 App. Div. 736; affd., 243 N. Y. 257) and LeClear v. Smith (207 App. Div. 71). Van Kirk, Davis, Whitmyer, Hill and Hasbrouck, JJ., concur. Award reversed and claim dismissed, with costs against the State Industrial Board.

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Per Curiam.

Claimant was a member of a copartnership doing business under the firm name of Duprea Brothers, shown in this record to be the employer. That the policy was intended to cover the employers is not indicated by its terms. No provision of the policy covers an employer and throughout the policy it appears that it is intended to cover only employees. The copartners are the employers and one of them may not become an employee of himself. The award should be reversed and the claim dismissed on the authority of Lyle v. Lyle Cider & Vinegar Co. (215 App. Div. 736; affd., 243 N. Y. 257) and LeClear v. Smith (207 App. Div. 71). Van Kirk, Davis, Whitmyer, Hill and Hasbrouck, JJ., concur. Award reversed and claim dismissed, with costs against the State Industrial Board.

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Bluebook (online)

224 A.D. 673, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-duprea-v-duprea-bros-nyappdiv-1928.

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