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Banaski v. American Car & Foundry Co.

211 A.D. 820 Court N.Y. App. Div. English

Contents

Majority

p. 820
Before State Industrial Board, Respondent. Stephen Banaski, Respondent, v. American Car and Foundry Company, Appellant.

Headnote

Appeal from an award of the State Industrial Board, made on the 5th day of December, 1923, affirming a previous award made on the 18th day of July, 1923.

Appellant expressly admits that if the claimant told the truth the award is proper. As we are powerless to substitute our judgment for that of the State Industrial Board on an issue of fact the award should be affirmed. Award unanimously affirmed, with costs in favor of the State Industrial Board.