← Cases

Claim of Beach v. Travelers Insurance Co.

263 N.Y. 676 Court N.Y. Decision date 1934-01-23 English

Contents

Majority

p. 676
In the Matter of the Claim of Harry Beach, Respondent, against The Travelers Insurance Company, Respondent, and Wilson & Company, Appellant. State Industrial Board, Appellant.
(Argued January 9, 1934;
decided January 23, 1934.)
p. 677
William Warren Dimmick and Samuel Israel for Wilson & Company, appellant.
JohnJ. Bennett, Jr., Attorney-General (JohnR. O’Hanlon and Henry Epstein of counsel), for State Industrial Board, appellant.
William B. Davis and E. C. Sherwood for The Travelers Insurance Company, respondent.

Order of the Appellate Division reversed and award of the State Industrial Board affirmed, with costs -'in this court and in the Appellate Division against the insurance carrier. The finding of the State Industrial Board that the payments were advancements of compensation should not be disturbed. (Workmen’s Compensation Law [Cons. Laws, ch. 67], § 23.) The State Industrial Board had authority to make the award. (Workmen’s Compensation Law, § 25.) No opinion.

Concur: Pound, Ch. J., Crane, Lehman, Kellogg, O’Brien, Hubbs and Crouch, JJ.