Degaglio v. Bradley Contracting Co.

Appellate Division of the Supreme Court of New York

Degaglio v. Bradley Contracting Co.

184 A.D. 243, 171 N.Y.S. 679, 1918 N.Y. App. Div. LEXIS 6100

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

DecidedJuly 1, 1918

StatusPublished

Cited by3 cases

This text of 184 A.D. 243 (Degaglio v. Bradley Contracting 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

Degaglio v. Bradley Contracting Co., 184 A.D. 243, 171 N.Y.S. 679, 1918 N.Y. App. Div. LEXIS 6100 (N.Y. Ct. App. 1918).

Pincite

Opinion

H. T. Kellogg, J.:

Claimant was injured on August 12, 1914. He did not file a claim for compensation until March 5, 1917, or nearly two years and six months after the injury was received. Unless he has established an estoppel, therefore, his claim is barred. He says that he told the head superintendent of [244]*244his injury at the time, and that he replied: “ We will take care of you.” He also says that he asked the superintendent for payment of compensation, and that he answered: “ Soon as you can work we'll give you an easy job.” Here is no estoppel. There is no fact falsely asserted relying upon which the claimant was induced not to file a claim. It is not at all like the case of Twonko v. Rome Brass & Copper Co. (183 App. Div.. 292), recently decided by this court, in which the claimant was falsely told that a paper signed by him would entitle him to an award. Claimant continued to work until October 2, 1915. He then went to a hospital for an operation. After this he was paid by his employer for about a year. Those payments, however, even though stated to be payments under the Compensation Law, do not help the claimant, for the time to file a claim had passed before they began to be made. They could not have induced claimant not to file a claim.

The award should be reversed.

All concurred.

Award reversed and claim dismissed.

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H. T. Kellogg, J.:

Claimant was injured on August 12, 1914. He did not file a claim for compensation until March 5, 1917, or nearly two years and six months after the injury was received. Unless he has established an estoppel, therefore, his claim is barred. He says that he told the head superintendent of [244]*244his injury at the time, and that he replied: “ We will take care of you.” He also says that he asked the superintendent for payment of compensation, and that he answered: “ Soon as you can work we'll give you an easy job.” Here is no estoppel. There is no fact falsely asserted relying upon which the claimant was induced not to file a claim. It is not at all like the case of Twonko v. Rome Brass & Copper Co. (183 App. Div.. 292), recently decided by this court, in which the claimant was falsely told that a paper signed by him would entitle him to an award. Claimant continued to work until October 2, 1915. He then went to a hospital for an operation. After this he was paid by his employer for about a year. Those payments, however, even though stated to be payments under the Compensation Law, do not help the claimant, for the time to file a claim had passed before they began to be made. They could not have induced claimant not to file a claim.

The award should be reversed.

All concurred.

Award reversed and claim dismissed.

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Bluebook (online)

184 A.D. 243, 171 N.Y.S. 679, 1918 N.Y. App. Div. LEXIS 6100, Counsel Stack Legal Research, https://law.counselstack.com/opinion/degaglio-v-bradley-contracting-co-nyappdiv-1918.

Opinion

H. T. Kellogg, J.:

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