Claim of Kornblatt v. Dubin's Bakery

Appellate Division of the Supreme Court of New York

Claim of Kornblatt v. Dubin's Bakery

263 A.D. 770, 30 N.Y.S.2d 885, 1941 N.Y. App. Div. LEXIS 4872

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

DecidedNovember 19, 1941

StatusPublished

Cited by1 cases

This text of 263 A.D. 770 (Claim of Kornblatt v. Dubin's Bakery) 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.

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Claim of Kornblatt v. Dubin's Bakery, 263 A.D. 770, 30 N.Y.S.2d 885, 1941 N.Y. App. Div. LEXIS 4872 (N.Y. Ct. App. 1941).

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Opinion

Appeal by the Great American Indemnity Company from a decision and award made by the State Industrial Board in favor of claimant. The sole issue is whether appellant was the insurance carrier at the time of the accident. A fifteen-day binder to cover the business of the employer had been issued by appellant to be effective on October 1,1938. Although there is testimony to indicate that a different oral arrangement was sought, the binder was not canceled in accordance with the provisions of subdivision 5 of section 54 of the Workmen’s Compensation Law. It was, therefore, in effect on October 13, 1938, at the time the accident happened. (Matter of Otterbein v. Babor & Comeau Co., 272 N. Y. 149.) Award unanimously affirmed, with costs to the State Industrial Board. Present — Hill, P. J., Crapser, Heffernan, Sehenck and Foster, JJ.

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Appeal by the Great American Indemnity Company from a decision and award made by the State Industrial Board in favor of claimant. The sole issue is whether appellant was the insurance carrier at the time of the accident. A fifteen-day binder to cover the business of the employer had been issued by appellant to be effective on October 1,1938. Although there is testimony to indicate that a different oral arrangement was sought, the binder was not canceled in accordance with the provisions of subdivision 5 of section 54 of the Workmen’s Compensation Law. It was, therefore, in effect on October 13, 1938, at the time the accident happened. (Matter of Otterbein v. Babor & Comeau Co., 272 N. Y. 149.) Award unanimously affirmed, with costs to the State Industrial Board. Present — Hill, P. J., Crapser, Heffernan, Sehenck and Foster, JJ.

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263 A.D. 770, 30 N.Y.S.2d 885, 1941 N.Y. App. Div. LEXIS 4872, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-kornblatt-v-dubins-bakery-nyappdiv-1941.

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