Claim of Mallon v. Adolph Lewisohn & Sons, Inc.

Appellate Division of the Supreme Court of New York

Claim of Mallon v. Adolph Lewisohn & Sons, Inc.

282 A.D. 784, 122 N.Y.S.2d 490, 1953 N.Y. App. Div. LEXIS 4956

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

DecidedJuly 2, 1953

StatusPublished

Cited by1 cases

This text of 282 A.D. 784 (Claim of Mallon v. Adolph Lewisohn & Sons, 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 Mallon v. Adolph Lewisohn & Sons, Inc., 282 A.D. 784, 122 N.Y.S.2d 490, 1953 N.Y. App. Div. LEXIS 4956 (N.Y. Ct. App. 1953).

Pincite

Opinion

Appeal by Blackstone Studios, employer, and its insurance carrier, from an award of the Workmen’s Compensation Board granting disability compensation to claimant against appellants, and discharging Adolph Lewisohn & Sons, Inc., and its carrier from liability. The sole question involved is the identity of claimant’s employer at the time he was accidentally injured. Claimant was employed generally as an elevator operator by Lewisohn & Sons, Inc. His duties in that capacity ended at four o’clock p. m. Blackstone Studios, a tenant in the building, employed claimant to return after hours and clean its premises, for which it paid him extra compensation. On the day in question claimant returned to the building at six o’clock p.m., to do the cleaning for Blackstone Studios, and while engaged in removing the rubbish therefrom to the basement he was [785]*785injured. The board has found claimant was in the employ of Blaekstonc Studios at the time of his injury. There is ample evidence to sustain this factual finding. Decision and award unanimously affirmed, with costs to respondents filing a brief. Present — Foster, P. J., Bergan, Coon, Halpern

and Imrie, JJ.

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Appeal by Blackstone Studios, employer, and its insurance carrier, from an award of the Workmen’s Compensation Board granting disability compensation to claimant against appellants, and discharging Adolph Lewisohn & Sons, Inc., and its carrier from liability. The sole question involved is the identity of claimant’s employer at the time he was accidentally injured. Claimant was employed generally as an elevator operator by Lewisohn & Sons, Inc. His duties in that capacity ended at four o’clock p. m. Blackstone Studios, a tenant in the building, employed claimant to return after hours and clean its premises, for which it paid him extra compensation. On the day in question claimant returned to the building at six o’clock p.m., to do the cleaning for Blackstone Studios, and while engaged in removing the rubbish therefrom to the basement he was [785]*785injured. The board has found claimant was in the employ of Blaekstonc Studios at the time of his injury. There is ample evidence to sustain this factual finding. Decision and award unanimously affirmed, with costs to respondents filing a brief. Present — Foster, P. J., Bergan, Coon, Halpern

and Imrie, JJ.

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Bluebook (online)

282 A.D. 784, 122 N.Y.S.2d 490, 1953 N.Y. App. Div. LEXIS 4956, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-mallon-v-adolph-lewisohn-sons-inc-nyappdiv-1953.

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