Claim of Ruiz v. Howard Johnson's, Inc.

Appellate Division of the Supreme Court of New York

Claim of Ruiz v. Howard Johnson's, Inc.

22 A.D.2d 740, 253 N.Y.S.2d 320, 1964 N.Y. App. Div. LEXIS 2939

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

DecidedOctober 28, 1964

StatusPublished

This text of 22 A.D.2d 740 (Claim of Ruiz v. Howard Johnson's, 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 Ruiz v. Howard Johnson's, Inc., 22 A.D.2d 740, 253 N.Y.S.2d 320, 1964 N.Y. App. Div. LEXIS 2939 (N.Y. Ct. App. 1964).

Pincite

Opinion

Per Curiam.

The board was warranted in resolving the conflict in medical theory by accepting the substantial evidence of causality adduced from claimant’s neurosurgeon and from the impartial specialist, which related [741]*741to claimant’s exposure to refrigerated air a condition of trigeminal neuralgia not diagnosed until many months later although apparently existing concurrently with a Bell’s palsy eoneededly caused, by the same exposure and immediately diagnosed. It was likewise warranted in finding credible the history upon which the doctors’ opinions were predicated, and could have so found even without the evidence of claimant’s difficulties of language and comprehension. Decision affirmed, with one bill of costs to respondents filing briefs. Gibson, P. J., Herlihy, Reynolds, Taylor and Aulisi, JJ., concur.

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Per Curiam.

The board was warranted in resolving the conflict in medical theory by accepting the substantial evidence of causality adduced from claimant’s neurosurgeon and from the impartial specialist, which related [741]*741to claimant’s exposure to refrigerated air a condition of trigeminal neuralgia not diagnosed until many months later although apparently existing concurrently with a Bell’s palsy eoneededly caused, by the same exposure and immediately diagnosed. It was likewise warranted in finding credible the history upon which the doctors’ opinions were predicated, and could have so found even without the evidence of claimant’s difficulties of language and comprehension. Decision affirmed, with one bill of costs to respondents filing briefs. Gibson, P. J., Herlihy, Reynolds, Taylor and Aulisi, JJ., concur.

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Bluebook (online)

22 A.D.2d 740, 253 N.Y.S.2d 320, 1964 N.Y. App. Div. LEXIS 2939, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-ruiz-v-howard-johnsons-inc-nyappdiv-1964.