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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
CourtNew York Court of Appeals
DecidedOctober 23, 1973
StatusPublished
Cited by6 cases

This text of 304 N.E.2d 565 (Matter of Pessel v. Rh MacY & Co., Inc.) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
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).

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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Bluebook (online)
304 N.E.2d 565, 33 N.Y.2d 721, 349 N.Y.S.2d 995, 1973 N.Y. LEXIS 990, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-pessel-v-rh-macy-co-inc-ny-1973.