Majority
p. 498In the Matter of the Claim of Maria H. Ciappa, Respondent, against Morris Rosenberg, Respondent, and Zurich General Accident and Liability Insurance Company, Ltd., Appellant. State Industrial Board, Respondent. In the Matter of the Claim of Nunziato Di Donato, Respondent, against Morris Rosenberg, Respondent, and Zurich General Accident and Liability Insurance Company, Ltd., Appellant. State Industrial Board, Respondent. (Argued January 11, 1926; decided January 22, 1926.)
Headnote
Workmen’s compensation — master and servant — insurance — policy covering operations classified as “ masonry work and carpentry work ” covers death from collapse of building during alterations.Ciappa v. Rosenberg, 214 App. Div. 744 , affirmed.
Appeal, in each of the above-entitled proceedings, by permission, from an order of the Appellate Division of the Supreme Court in the third judicial department, entered June 16, 1925, affirming an award of the State Industrial Board made under the Workmen’s Compensation Law. Two workmen while employed on the alteration of certain buildings were killed by their collapse. The only question was as to whether the employer or the insurance carrier should pay the compensation awarded, the latter claiming that the policy did not cover the kind of work being done on the buildings at the time of their collapse. The classification of operations stated in the policy was “ Masonry work and carpentry work.”
p. 499
Edward P. Lyon and Alfred W. Andrews for appellant. John K. MacAdam and Peter M. Daly for Morris Rosenberg, respondent.
Albert Ottinger, Attorney-General {E. C. Aiken of counsel), for State Industrial Board, respondent.
Order.in each case affirmed, with costs; no opinion.
Concur: His cock, Ch. J., Cardozo, Pound, McLaughlin, Crane, Andrews and Lehman, JJ.