Claim of Smith v. Aerovane Utilities Corp.

Appellate Division of the Supreme Court of New York

Claim of Smith v. Aerovane Utilities Corp.

233 A.D. 882

Appellate Division of the Supreme Court of the State of New York·Decided June 15, 1931·Published

Opinion

Award reversed and claim dismissed, for want of jurisdiction, with costs against the State Industrial Board (Matter of Cameron v. Ellis Construction Co., 252 N. Y. 394; Matter of Copeland v. Foundation Co., 231 App. Div. 781; revd., 256 N. Y. 568); and because the employee when injured was not in the course of his employment. (Schultz v. Beaver Products Co., Inc., 223 App. Div. 582; affd., 250 N. Y. 565; Matter of Parisi v. Whitmore, Rauber & Vicinus, 230 App. Div. 140.) All concur, except Hill, J., who dissents and votes to affirm.

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Award reversed and claim dismissed, for want of jurisdiction, with costs against the State Industrial Board (Matter of Cameron v. Ellis Construction Co., 252 N. Y. 394; Matter of Copeland v. Foundation Co., 231 App. Div. 781; revd., 256 N. Y. 568); and because the employee when injured was not in the course of his employment. (Schultz v. Beaver Products Co., Inc., 223 App. Div. 582; affd., 250 N. Y. 565; Matter of Parisi v. Whitmore, Rauber & Vicinus, 230 App. Div. 140.) All concur, except Hill, J., who dissents and votes to affirm.

Claim of Smith v. Aerovane Utilities Corp., 233 A.D. 882 (N.Y. Ct. App. 1931).

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