Claim of Kurlan v. Conover Mast Publications, Inc.

Appellate Division of the Supreme Court of New York

Claim of Kurlan v. Conover Mast Publications, Inc.

19 A.D.2d 759, 242 N.Y.S.2d 710, 1963 N.Y. App. Div. LEXIS 3277

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

DecidedJuly 15, 1963

StatusPublished

This text of 19 A.D.2d 759 (Claim of Kurlan v. Conover Mast Publications, 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 Kurlan v. Conover Mast Publications, Inc., 19 A.D.2d 759, 242 N.Y.S.2d 710, 1963 N.Y. App. Div. LEXIS 3277 (N.Y. Ct. App. 1963).

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Opinion

Award affirmed, with costs to the Workmen’s Compensation Board (Matter of Schechter v. State Ins. Fund, 6 N Y 2d 506). Bergan, P. J., Coon, Gibson and Taylor, JJ., concur; Herlihy J., dissents and votes to reverse and dismiss the claim, in the following memorandum: The record does not sustain the finding of the board that decedent’s death was due to “ unusual, involved physical exertion and emotional and mental stress constituting an undue strain on decedent’s heart and hastened death ”. The record demonstrates that death was due to ordinary wear and tear of life and that there was no accident as determined “by the common-sense viewpoint of the average man.” (Matter of Masse v. Robinson Co., 301 N. Y. 34, 37).

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Award affirmed, with costs to the Workmen’s Compensation Board (Matter of Schechter v. State Ins. Fund, 6 N Y 2d 506). Bergan, P. J., Coon, Gibson and Taylor, JJ., concur; Herlihy J., dissents and votes to reverse and dismiss the claim, in the following memorandum: The record does not sustain the finding of the board that decedent’s death was due to “ unusual, involved physical exertion and emotional and mental stress constituting an undue strain on decedent’s heart and hastened death ”. The record demonstrates that death was due to ordinary wear and tear of life and that there was no accident as determined “by the common-sense viewpoint of the average man.” (Matter of Masse v. Robinson Co., 301 N. Y. 34, 37).

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Bluebook (online)

19 A.D.2d 759, 242 N.Y.S.2d 710, 1963 N.Y. App. Div. LEXIS 3277, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-kurlan-v-conover-mast-publications-inc-nyappdiv-1963.

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