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Claim of Lowry v. Kearns Engineering, Inc.

239 A.D. 867 Court N.Y. App. Div. English

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p. 867
In the Matter of the Claim of Thomas Lowry, Respondent, against Kearns Engineering, Inc., Respondent. Massachusetts Bonding and Insurance Company, Appellant. State Industrial Board, Respondent.[1]

Award reversed and claim dismissed as to the insurance carrier, with costs against the State Industrial Board, on the ground that the risk was not covered by the policy. Award against the employer is affirmed. Hill, P. J., Crapser, Bliss and Hefíernan, JJ., concur; Rhodes, J., dissents and votes to affirm on the ground that the work in which the employee was engaged was incident to the business covered by the policy.