Claim of Gentile v. E. Gallo & Bros.

Appellate Division of the Supreme Court of New York

Claim of Gentile v. E. Gallo & Bros.

242 A.D. 734

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

DecidedSeptember 15, 1934

StatusPublished

This text of 242 A.D. 734 (Claim of Gentile v. E. Gallo & 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 Gentile v. E. Gallo & Bros., 242 A.D. 734 (N.Y. Ct. App. 1934).

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Opinion

The court declines to answer the question certified and the matter is remitted to the State Industrial Board for the following reasons: It does not appear that the parties interested have received notice of the presentation of said question to this court. An answer to the question would, therefore, not be binding upon the parties not present and would be advisory only. (See Matter of State Industrial Commission, 224 N. Y. 13.) Furthermore the question admits of one answer under one set of circumstances and a difierent answer under another, depending upon the situation and attitude of the employer and carrier, and it is, therefore, objectionable in form. (See McGowan v. Metropolitan Life Insurance Co., 259 N. Y. 454; Devlin v. Hinman, 161 id. 115; Grannan v. Westchester Racing Assn., 153 id. 449.) Hill, P. J., Rhodes, Crapser, Bliss and Heffernan, JJ., concur.

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The court declines to answer the question certified and the matter is remitted to the State Industrial Board for the following reasons: It does not appear that the parties interested have received notice of the presentation of said question to this court. An answer to the question would, therefore, not be binding upon the parties not present and would be advisory only. (See Matter of State Industrial Commission, 224 N. Y. 13.) Furthermore the question admits of one answer under one set of circumstances and a difierent answer under another, depending upon the situation and attitude of the employer and carrier, and it is, therefore, objectionable in form. (See McGowan v. Metropolitan Life Insurance Co., 259 N. Y. 454; Devlin v. Hinman, 161 id. 115; Grannan v. Westchester Racing Assn., 153 id. 449.) Hill, P. J., Rhodes, Crapser, Bliss and Heffernan, JJ., concur.

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242 A.D. 734, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-gentile-v-e-gallo-bros-nyappdiv-1934.

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