Claim of Potenza v. M. Moran Transportation Lines, Inc.

Appellate Division of the Supreme Court of New York

Claim of Potenza v. M. Moran Transportation Lines, Inc.

254 A.D. 600, 2 N.Y.S.2d 869, 1938 N.Y. App. Div. LEXIS 6689

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

DecidedMarch 9, 1938

StatusPublished

This text of 254 A.D. 600 (Claim of Potenza v. M. Moran Transportation Lines, 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 Potenza v. M. Moran Transportation Lines, Inc., 254 A.D. 600, 2 N.Y.S.2d 869, 1938 N.Y. App. Div. LEXIS 6689 (N.Y. Ct. App. 1938).

Pincite

Opinion

The widow of a deceased employee appeals from a decision disallowing her claim for death benefits. The employee died from a ruptured stomach ulcer'. There was no direct proof of an injury. Witnesses testified as to statements made by the employee prior to his death, but there was little, if any, corroboration. The employer produced affirmative evidence to sustain its claim that there was no accident. Under the most favorable view of the evidence from the appellant’s standpoint there was a question of fact which has been decided against the claimant. Decision unanimously affirmed. Present — Hill, P. J., Rhodes, McNamee, Bliss and Heifer-nan, JJ.

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The widow of a deceased employee appeals from a decision disallowing her claim for death benefits. The employee died from a ruptured stomach ulcer'. There was no direct proof of an injury. Witnesses testified as to statements made by the employee prior to his death, but there was little, if any, corroboration. The employer produced affirmative evidence to sustain its claim that there was no accident. Under the most favorable view of the evidence from the appellant’s standpoint there was a question of fact which has been decided against the claimant. Decision unanimously affirmed. Present — Hill, P. J., Rhodes, McNamee, Bliss and Heifer-nan, JJ.

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Bluebook (online)

254 A.D. 600, 2 N.Y.S.2d 869, 1938 N.Y. App. Div. LEXIS 6689, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-potenza-v-m-moran-transportation-lines-inc-nyappdiv-1938.