Claim of Pellagrino v. American Stores Co.

Appellate Division of the Supreme Court of New York

Claim of Pellagrino v. American Stores Co.

274 A.D. 956, 83 N.Y.S.2d 781, 1948 N.Y. App. Div. LEXIS 4242

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

DecidedNovember 17, 1948

StatusPublished

Cited by1 cases

This text of 274 A.D. 956 (Claim of Pellagrino v. American Stores Co.) 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 Pellagrino v. American Stores Co., 274 A.D. 956, 83 N.Y.S.2d 781, 1948 N.Y. App. Div. LEXIS 4242 (N.Y. Ct. App. 1948).

Pincite

Opinion

Appeal by an employer and its insurance carrier from a decision and award of the Workmen’s Compensation Board granting claimant compensation for a period of disability. Claimant filed no claim for compensation until after two years from the date of accident. The board held that the claimant was not thereby barred because of employer’s advanced payment of compensation. There was no evidence of such payment within the meaning of the statute (Workmen’s Compensation Law, § 28; Matter of Lissow v. Mabbett Motors, Inc., 279 N. Y. 585; Matter of Casale v. Rockwood & Co., 259 App. [957]*957Div. 767; Matter of Duquette v. General Electric Co., 257 App. Div. 881). Decision and award reversed on the law and claim dismissed, with costs against the Workmen’s Compensation Board. Brewster, Foster and Deyo, JJ., concur; Hill, P. J., and Heffernan, J., dissent.

Free access — add to your briefcase to read the full text and ask questions with AI

Appeal by an employer and its insurance carrier from a decision and award of the Workmen’s Compensation Board granting claimant compensation for a period of disability. Claimant filed no claim for compensation until after two years from the date of accident. The board held that the claimant was not thereby barred because of employer’s advanced payment of compensation. There was no evidence of such payment within the meaning of the statute (Workmen’s Compensation Law, § 28; Matter of Lissow v. Mabbett Motors, Inc., 279 N. Y. 585; Matter of Casale v. Rockwood & Co., 259 App. [957]*957Div. 767; Matter of Duquette v. General Electric Co., 257 App. Div. 881). Decision and award reversed on the law and claim dismissed, with costs against the Workmen’s Compensation Board. Brewster, Foster and Deyo, JJ., concur; Hill, P. J., and Heffernan, J., dissent.

Cite This Page — Counsel Stack

Bluebook (online)

274 A.D. 956, 83 N.Y.S.2d 781, 1948 N.Y. App. Div. LEXIS 4242, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-pellagrino-v-american-stores-co-nyappdiv-1948.

Opinion

Related

Cite This Page — Counsel Stack