Claim of Schneider v. Masback Hardware Co.

Appellate Division of the Supreme Court of New York

Claim of Schneider v. Masback Hardware Co.

260 A.D. 823, 22 N.Y.S.2d 404, 1940 N.Y. App. Div. LEXIS 4840

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

DecidedSeptember 18, 1940

StatusPublished

Cited by1 cases

This text of 260 A.D. 823 (Claim of Schneider v. Masback Hardware 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 Schneider v. Masback Hardware Co., 260 A.D. 823, 22 N.Y.S.2d 404, 1940 N.Y. App. Div. LEXIS 4840 (N.Y. Ct. App. 1940).

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Opinion

The employer and insurance carrier have appealed from an award of the State Industrial Board in favor of claimant for seventy per cent loss of use of the right arm. The only issue is whether or not the accident arose out of and in the course of claimant’s employment. Claimant on December 1, 1938, while working for his employer and making rounds on the different floors of the employer’s premises for the purpose of distributing towels, picked up a metal tag and attempted to hand it to a coemployee who was on an elevator. In doing so claimant’s right arm was caught in the elevator gate and injured. The employer in its report admitted that the accident happened in the course of claimant’s employment. Award unanimously affirmed, with costs to the State Industrial Board. Present — Hill, P. J., Bliss, Heffernan, Schenck and Foster, JJ.

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The employer and insurance carrier have appealed from an award of the State Industrial Board in favor of claimant for seventy per cent loss of use of the right arm. The only issue is whether or not the accident arose out of and in the course of claimant’s employment. Claimant on December 1, 1938, while working for his employer and making rounds on the different floors of the employer’s premises for the purpose of distributing towels, picked up a metal tag and attempted to hand it to a coemployee who was on an elevator. In doing so claimant’s right arm was caught in the elevator gate and injured. The employer in its report admitted that the accident happened in the course of claimant’s employment. Award unanimously affirmed, with costs to the State Industrial Board. Present — Hill, P. J., Bliss, Heffernan, Schenck and Foster, JJ.

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Bluebook (online)

260 A.D. 823, 22 N.Y.S.2d 404, 1940 N.Y. App. Div. LEXIS 4840, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-schneider-v-masback-hardware-co-nyappdiv-1940.

Opinion

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