Gessino v. D'Andraia

Appellate Division of the Supreme Court of New York

Gessino v. D'Andraia

78 A.D.2d 711, 434 N.Y.S.2d 1015, 1980 N.Y. App. Div. LEXIS 13247

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

DecidedOctober 9, 1980

StatusPublished

This text of 78 A.D.2d 711 (Gessino v. D'Andraia) 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

Gessino v. D'Andraia, 78 A.D.2d 711, 434 N.Y.S.2d 1015, 1980 N.Y. App. Div. LEXIS 13247 (N.Y. Ct. App. 1980).

Pincite

Opinion

— Appeal from a decision of the Workers’ Compensation Board, filed May 18, 1979. A majority of the board found: "based on the credible evidence and the testimony of the claimant, that the claimant was of the [712]*712belief that his activities in assisting the employer’s brother were at the impled [sic] request of, and for the benefit of the employer. Therefore, the ensuing injury constitutes an accidental injury arising out of and in the course of his employment within the meaning of the Workers’ Compensation Law.” The board’s decision is supported by substantial evidence and must be affirmed. Decision affirmed, with costs to the Workers’ Compensation Board against the employer. Mahoney, P. J., Greenblott, Sweeney, Kane and Herlihy, JJ., concur.

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— Appeal from a decision of the Workers’ Compensation Board, filed May 18, 1979. A majority of the board found: "based on the credible evidence and the testimony of the claimant, that the claimant was of the [712]*712belief that his activities in assisting the employer’s brother were at the impled [sic] request of, and for the benefit of the employer. Therefore, the ensuing injury constitutes an accidental injury arising out of and in the course of his employment within the meaning of the Workers’ Compensation Law.” The board’s decision is supported by substantial evidence and must be affirmed. Decision affirmed, with costs to the Workers’ Compensation Board against the employer. Mahoney, P. J., Greenblott, Sweeney, Kane and Herlihy, JJ., concur.

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Bluebook (online)

78 A.D.2d 711, 434 N.Y.S.2d 1015, 1980 N.Y. App. Div. LEXIS 13247, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gessino-v-dandraia-nyappdiv-1980.