Claim of Thomas v. James E. Strates Shows, Inc.

Appellate Division of the Supreme Court of New York

Claim of Thomas v. James E. Strates Shows, Inc.

25 A.D.2d 455, 265 N.Y.S.2d 920, 1966 N.Y. App. Div. LEXIS 5236

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

DecidedJanuary 7, 1966

StatusPublished

This text of 25 A.D.2d 455 (Claim of Thomas v. James E. Strates Shows, 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 Thomas v. James E. Strates Shows, Inc., 25 A.D.2d 455, 265 N.Y.S.2d 920, 1966 N.Y. App. Div. LEXIS 5236 (N.Y. Ct. App. 1966).

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Opinion

Herlihy, J.

The claimants, nonresidents, while traveling in this State with Strates Shows, Inc., sustained industrial accidents and were awarded compensation. The insurance carrier writing the New York State coverage contends that the Workmen’s Compensation Board is without jurisdiction inasmuch as the claimants were hired outside of the State and because of the employer’s business, they were transitory employees. Our affirmance is governed by our decision in Matter of Rutledge v. Kelly & Miller Bros. Circus (24 A D 2d 521). We would further note that the jurisdictional issue is more favorable here inasmuch as the employer obtained a certificate of authority to do business in this State. There are other salient reasons for recognizing jurisdiction under such circumstances. (See Matter of Rhodes v. Mushroom Transp. Co., 23 A D 2d 421.) Decisions affirmed, with one bill of costs to respondents filing briefs.

Gibson, P. J., Taylor and Hamm, JJ., concur; Reynolds, J., concurs, in a separate memorandum:

This ease, in my view, is very similar to Matter of Rutledge v. Kelly & Miller Bros. Circus (24 A D 2d 521).

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Herlihy, J.

The claimants, nonresidents, while traveling in this State with Strates Shows, Inc., sustained industrial accidents and were awarded compensation. The insurance carrier writing the New York State coverage contends that the Workmen’s Compensation Board is without jurisdiction inasmuch as the claimants were hired outside of the State and because of the employer’s business, they were transitory employees. Our affirmance is governed by our decision in Matter of Rutledge v. Kelly & Miller Bros. Circus (24 A D 2d 521). We would further note that the jurisdictional issue is more favorable here inasmuch as the employer obtained a certificate of authority to do business in this State. There are other salient reasons for recognizing jurisdiction under such circumstances. (See Matter of Rhodes v. Mushroom Transp. Co., 23 A D 2d 421.) Decisions affirmed, with one bill of costs to respondents filing briefs.

Gibson, P. J., Taylor and Hamm, JJ., concur; Reynolds, J., concurs, in a separate memorandum:

This ease, in my view, is very similar to Matter of Rutledge v. Kelly & Miller Bros. Circus (24 A D 2d 521).

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Bluebook (online)

25 A.D.2d 455, 265 N.Y.S.2d 920, 1966 N.Y. App. Div. LEXIS 5236, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-thomas-v-james-e-strates-shows-inc-nyappdiv-1966.