Claim of Tobias v. Stormco Co.

Appellate Division of the Supreme Court of New York

Claim of Tobias v. Stormco Co.

282 A.D. 1087, 126 N.Y.S.2d 120, 1953 N.Y. App. Div. LEXIS 5884

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

DecidedDecember 8, 1953

StatusPublished

Cited by1 cases

This text of 282 A.D. 1087 (Claim of Tobias v. Stormco 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 Tobias v. Stormco Co., 282 A.D. 1087, 126 N.Y.S.2d 120, 1953 N.Y. App. Div. LEXIS 5884 (N.Y. Ct. App. 1953).

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Opinion

Appeal by an employer and its insurance carrier from an award of disability compensation made to claimant by the Workmen’s Compensation [1088]*1088Board. The employer was engaged in the business of selling aluminum storm windows and doors. Claimant was employed as a salesman. He was injured while playing baseball with a team made up of coemployees. There is strong and persuasive evidence that the team was proposed and sponsored by the employer for advertising purposes. The board found that claimant’s injuries arose out of and in the course of his employment. Decision and award unanimously affirmed, with costs to the Workmen’s Compensation Board. Present — Foster, P. J., Bergan, Coon, Halpern and Imrie, JJ.

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Appeal by an employer and its insurance carrier from an award of disability compensation made to claimant by the Workmen’s Compensation [1088]*1088Board. The employer was engaged in the business of selling aluminum storm windows and doors. Claimant was employed as a salesman. He was injured while playing baseball with a team made up of coemployees. There is strong and persuasive evidence that the team was proposed and sponsored by the employer for advertising purposes. The board found that claimant’s injuries arose out of and in the course of his employment. Decision and award unanimously affirmed, with costs to the Workmen’s Compensation Board. Present — Foster, P. J., Bergan, Coon, Halpern and Imrie, JJ.

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Bluebook (online)

282 A.D. 1087, 126 N.Y.S.2d 120, 1953 N.Y. App. Div. LEXIS 5884, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-tobias-v-stormco-co-nyappdiv-1953.

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