Claim of Gibbs v. Joseph J. Ball, Inc.

Appellate Division of the Supreme Court of New York

Claim of Gibbs v. Joseph J. Ball, Inc.

252 A.D. 810, 299 N.Y.S. 144, 1937 N.Y. App. Div. LEXIS 6354

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

DecidedOctober 8, 1937

StatusPublished

This text of 252 A.D. 810 (Claim of Gibbs v. Joseph J. Ball, 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 Gibbs v. Joseph J. Ball, Inc., 252 A.D. 810, 299 N.Y.S. 144, 1937 N.Y. App. Div. LEXIS 6354 (N.Y. Ct. App. 1937).

Pincite

Opinion

This is an appeal from an award and decisions of the State Industrial Board noticed on October 9, 1936, and November 21, 1936, and February 25,1937. Respondent-carrier claims: 1. That the policy of insurance issued did not cover the employer for the operations in which he was engaged at the time of the accident, nor the location wherein the accident occurred. 2. The work in which the claimant was engaged at the time of the accident was in no way incidental to the business carried on by the employer as declared in the policy of insurance. Award reversed, and matter remitted to the State Industrial Board for the purpose of making an award against the employer and insurance carrier, with costs to the employer against the insurance carrier. Hill, P. J., Rhodes, McNamee, Crapser and Bliss, JJ., concur.

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This is an appeal from an award and decisions of the State Industrial Board noticed on October 9, 1936, and November 21, 1936, and February 25,1937. Respondent-carrier claims: 1. That the policy of insurance issued did not cover the employer for the operations in which he was engaged at the time of the accident, nor the location wherein the accident occurred. 2. The work in which the claimant was engaged at the time of the accident was in no way incidental to the business carried on by the employer as declared in the policy of insurance. Award reversed, and matter remitted to the State Industrial Board for the purpose of making an award against the employer and insurance carrier, with costs to the employer against the insurance carrier. Hill, P. J., Rhodes, McNamee, Crapser and Bliss, JJ., concur.

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Bluebook (online)

252 A.D. 810, 299 N.Y.S. 144, 1937 N.Y. App. Div. LEXIS 6354, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-gibbs-v-joseph-j-ball-inc-nyappdiv-1937.