Claim of Longoria v. Langner

Appellate Division of the Supreme Court of New York

Claim of Longoria v. Langner

271 A.D.2d 762

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

DecidedSeptember 18, 1946

StatusPublished

This text of 271 A.D.2d 762 (Claim of Longoria v. Langner) 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 Longoria v. Langner, 271 A.D.2d 762 (N.Y. Ct. App. 1946).

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Opinion

Appeal by the employer and the insurance carrier from an award of death benefits made by the Workmen’s Compensation Board to the dependent parents of the deceased employee. The only issue on appeal is one of fact, whether the assault which caused decedent’s death arose out of and in the course of his employment. The board has found that the assault was a continuation of and directly related to an altercation which had taken place in the decedent’s place of employment a short time before, and also that decedent was not the aggressor. There is evidence to sustain these findings. Award affirmed, with costs to the Workmen’s Compensation Board. All concur. [See post, p. 852.]

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Appeal by the employer and the insurance carrier from an award of death benefits made by the Workmen’s Compensation Board to the dependent parents of the deceased employee. The only issue on appeal is one of fact, whether the assault which caused decedent’s death arose out of and in the course of his employment. The board has found that the assault was a continuation of and directly related to an altercation which had taken place in the decedent’s place of employment a short time before, and also that decedent was not the aggressor. There is evidence to sustain these findings. Award affirmed, with costs to the Workmen’s Compensation Board. All concur. [See post, p. 852.]

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Bluebook (online)

271 A.D.2d 762, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-longoria-v-langner-nyappdiv-1946.