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Matter of Pessel v. Rh MacY & Co., Inc.

304 N.E.2d 565, 33 N.Y.2d 721, 349 N.Y.S.2d 995, 1973 N.Y. LEXIS 990
New York Court of Appeals·Decided October 23, 1973·Published·Cited by 6 cases

Opinion

Order affirmed, with costs to the Workmen’s Compensation Board, on the opinion at the Appellate Division.

Concur: Chief Judge Fuld and Judges Burke, Breitel, Gabrielli, Jones and Wachtler. Judge Jasen dissents and votes to reverse in the following memorandum: I would reverse the order of the Appellate Division and dismiss the claim on the ground that the record does not support a finding of ‘‘ suddenness of causation ” or ‘‘ suddenness of result ”, an essential element of a compensable industrial accident. (See Matter of Greensmith v. Franklin Nat. Bank, 21 A D 2d 576, affd. 16 N Y 2d 973.)

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Matter of Pessel v. Rh MacY & Co., Inc., 304 N.E.2d 565, 33 N.Y.2d 721, 349 N.Y.S.2d 995, 1973 N.Y. LEXIS 990 (N.Y. 1973).

304 N.E.2d 565 (Matter of Pessel v. Rh MacY & Co., Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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