Claim of Gavalla v. Bing & Bing, Inc.

Appellate Division of the Supreme Court of New York

Claim of Gavalla v. Bing & Bing, Inc.

259 A.D. 945, 19 N.Y.S.2d 1016, 1940 N.Y. App. Div. LEXIS 7384

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

DecidedMay 15, 1940

StatusPublished

This text of 259 A.D. 945 (Claim of Gavalla v. Bing & Bing, 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 Gavalla v. Bing & Bing, Inc., 259 A.D. 945, 19 N.Y.S.2d 1016, 1940 N.Y. App. Div. LEXIS 7384 (N.Y. Ct. App. 1940).

Pincite

Opinion

This is an appeal by claimant from a decision of the State Industrial Board denying his claim for compensation. Claimant was a waiter and it is his contention that during the month of February, 1935, while he was stooped down to pick up a tray of dishes, he felt flashes in his right eye and thereafter black spots appeared before his eyes which prevented him from continuing his work. He made a claim for compensation for total loss of use of the right eye. The State Industrial Board found that claimant did not sustain accidental injuries arising out of and in the course of his employment; that timely notice of the alleged injury was not given to the employer and that the latter was prejudiced thereby, and that the failure to give such notice should not be excused. There is evidence to sustain the determination of the Board. Decision unanimously affirmed, without costs. Present — Hill, P. J., Crapser, Heffernan, Sehenek and Foster, JJ.

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This is an appeal by claimant from a decision of the State Industrial Board denying his claim for compensation. Claimant was a waiter and it is his contention that during the month of February, 1935, while he was stooped down to pick up a tray of dishes, he felt flashes in his right eye and thereafter black spots appeared before his eyes which prevented him from continuing his work. He made a claim for compensation for total loss of use of the right eye. The State Industrial Board found that claimant did not sustain accidental injuries arising out of and in the course of his employment; that timely notice of the alleged injury was not given to the employer and that the latter was prejudiced thereby, and that the failure to give such notice should not be excused. There is evidence to sustain the determination of the Board. Decision unanimously affirmed, without costs. Present — Hill, P. J., Crapser, Heffernan, Sehenek and Foster, JJ.

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Bluebook (online)

259 A.D. 945, 19 N.Y.S.2d 1016, 1940 N.Y. App. Div. LEXIS 7384, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-gavalla-v-bing-bing-inc-nyappdiv-1940.