Claim of Moon v. Greenberg

Appellate Division of the Supreme Court of New York

Claim of Moon v. Greenberg

4 A.D.2d 903, 166 N.Y.S.2d 875, 1957 N.Y. App. Div. LEXIS 4293

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

DecidedOctober 19, 1957

StatusPublished

This text of 4 A.D.2d 903 (Claim of Moon v. Greenberg) 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 Moon v. Greenberg, 4 A.D.2d 903, 166 N.Y.S.2d 875, 1957 N.Y. App. Div. LEXIS 4293 (N.Y. Ct. App. 1957).

Pincite

Opinion

Appeal by an employer and her insurance carrier from an award of disability compensation made by the Workmen’s Compensation Board. • The employer operated a summer hotel at Monticello, New York, and claimant was employed there as a governess. She received accidental injuries when she fell into the water from a diving board in a private lake on the hotel grounds. The only issue raised on appeal is whether claimant was employed in connection with the operation of the hotel, or whether she was employed as a personal employee of the hotel owner. The board found she was employed as a governess to care for the children of the guests of the hotel as well as the children of the hotel owner. The evidence was conflicting on this issue and clearly presented a question of fact. It cannot be said as a matter of law that there was no substantial evidence to sustain the finding of the board. Award unanimously affirmed, with costs to the Workmen’s Compensation Board. Present — Poster, P. J., Bergan, Coon, Halpern and Gibson, JJ.

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Appeal by an employer and her insurance carrier from an award of disability compensation made by the Workmen’s Compensation Board. • The employer operated a summer hotel at Monticello, New York, and claimant was employed there as a governess. She received accidental injuries when she fell into the water from a diving board in a private lake on the hotel grounds. The only issue raised on appeal is whether claimant was employed in connection with the operation of the hotel, or whether she was employed as a personal employee of the hotel owner. The board found she was employed as a governess to care for the children of the guests of the hotel as well as the children of the hotel owner. The evidence was conflicting on this issue and clearly presented a question of fact. It cannot be said as a matter of law that there was no substantial evidence to sustain the finding of the board. Award unanimously affirmed, with costs to the Workmen’s Compensation Board. Present — Poster, P. J., Bergan, Coon, Halpern and Gibson, JJ.

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Bluebook (online)

4 A.D.2d 903, 166 N.Y.S.2d 875, 1957 N.Y. App. Div. LEXIS 4293, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-moon-v-greenberg-nyappdiv-1957.