Claim of Muzerkevitch v. Zaitz

Appellate Division of the Supreme Court of New York

Claim of Muzerkevitch v. Zaitz

257 A.D. 882, 11 N.Y.S.2d 1007, 1939 N.Y. App. Div. LEXIS 8267

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

DecidedMay 10, 1939

StatusPublished

This text of 257 A.D. 882 (Claim of Muzerkevitch v. Zaitz) 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 Muzerkevitch v. Zaitz, 257 A.D. 882, 11 N.Y.S.2d 1007, 1939 N.Y. App. Div. LEXIS 8267 (N.Y. Ct. App. 1939).

Pincite

Opinion

This is an appeal from an award made by the State Industrial Board under the Workmen’s Compensation Law. The employers were engaged in the clothing business and the claimant was employed as a machine operator. On July 1, 1937, the employees were all eating their dinner at their respective tables when one of the partners of the employers asked him to adjust a clock which was in the room where the employees were gathered for their lunch. While standing on a chair adjusting the clock at the direction of the employer the chair collapsed causing the claimant injuries for which the award was made. The sole question presented is that the accident did not arise out of and in the course of the employment. The evidence in the record sustains the award. Award unanimously affirmed, with costs to the State Industrial Board.

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This is an appeal from an award made by the State Industrial Board under the Workmen’s Compensation Law. The employers were engaged in the clothing business and the claimant was employed as a machine operator. On July 1, 1937, the employees were all eating their dinner at their respective tables when one of the partners of the employers asked him to adjust a clock which was in the room where the employees were gathered for their lunch. While standing on a chair adjusting the clock at the direction of the employer the chair collapsed causing the claimant injuries for which the award was made. The sole question presented is that the accident did not arise out of and in the course of the employment. The evidence in the record sustains the award. Award unanimously affirmed, with costs to the State Industrial Board.

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Bluebook (online)

257 A.D. 882, 11 N.Y.S.2d 1007, 1939 N.Y. App. Div. LEXIS 8267, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-muzerkevitch-v-zaitz-nyappdiv-1939.