Claim of Pinsky v. American Joint Distribution Committee

Appellate Division of the Supreme Court of New York

Claim of Pinsky v. American Joint Distribution Committee

277 A.D.2d 822

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

DecidedMay 10, 1950

StatusPublished

This text of 277 A.D.2d 822 (Claim of Pinsky v. American Joint Distribution Committee) 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.

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Claim of Pinsky v. American Joint Distribution Committee, 277 A.D.2d 822 (N.Y. Ct. App. 1950).

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Opinion

Appeal by an employer and its insurance carrier from an award made by the Workmen’s Compensation Board allowing death benefits to the father and mother of a deceased employee. Appellants urge that the evidence does not sustain a finding of- dependency. We think there is ample evidence to support the finding of the board in that regard, assuming the credibility of the witnesses. The issue presented is one of fact and we may not say as a matter of law that any testimony presented was incredible. Award unanimously affirmed, with costs to the Workmen’s Compensation Board. Present — Foster, P. J., Heffernan, Brewster, Bergan and Coon, JJ.

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Appeal by an employer and its insurance carrier from an award made by the Workmen’s Compensation Board allowing death benefits to the father and mother of a deceased employee. Appellants urge that the evidence does not sustain a finding of- dependency. We think there is ample evidence to support the finding of the board in that regard, assuming the credibility of the witnesses. The issue presented is one of fact and we may not say as a matter of law that any testimony presented was incredible. Award unanimously affirmed, with costs to the Workmen’s Compensation Board. Present — Foster, P. J., Heffernan, Brewster, Bergan and Coon, JJ.

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Bluebook (online)

277 A.D.2d 822, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-pinsky-v-american-joint-distribution-committee-nyappdiv-1950.