In re the Claim of Lieber

Appellate Division of the Supreme Court of New York

In re the Claim of Lieber

63 A.D.2d 1059, 405 N.Y.S.2d 1022, 1978 N.Y. App. Div. LEXIS 12162

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

DecidedJune 8, 1978

StatusPublished

This text of 63 A.D.2d 1059 (In re the Claim of Lieber) 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

In re the Claim of Lieber, 63 A.D.2d 1059, 405 N.Y.S.2d 1022, 1978 N.Y. App. Div. LEXIS 12162 (N.Y. Ct. App. 1978).

Pincite

Opinion

Decision affirmed, without [1060]*1060costs. No opinion. Mahoney, P. J., Greenblott, Kane and Main, JJ., concur; Mikoll, J., dissents and votes to reverse in the following memorandum. Mikoll, J. (dissenting). I respectfully dissent. The referee improperly disallowed the introduction of medical evidence to support claimant’s contention that her employer struck her causing her to leave her employment out of fear for her safety. Also, the referee improperly relied on the employer’s past nonassaultive history as probative of whether an assault had taken place as contended by the claimant. These errors denied to claimant due process. The matter should be remitted for a further hearing.

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Decision affirmed, without [1060]*1060costs. No opinion. Mahoney, P. J., Greenblott, Kane and Main, JJ., concur; Mikoll, J., dissents and votes to reverse in the following memorandum. Mikoll, J. (dissenting). I respectfully dissent. The referee improperly disallowed the introduction of medical evidence to support claimant’s contention that her employer struck her causing her to leave her employment out of fear for her safety. Also, the referee improperly relied on the employer’s past nonassaultive history as probative of whether an assault had taken place as contended by the claimant. These errors denied to claimant due process. The matter should be remitted for a further hearing.

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Bluebook (online)

63 A.D.2d 1059, 405 N.Y.S.2d 1022, 1978 N.Y. App. Div. LEXIS 12162, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-lieber-nyappdiv-1978.