Hyperlawhypertext legal database Claim of Benz v. Knights of St. John Club 304 N.Y. 802

← Cases

Claim of Benz v. Knights of St. John Club

304 N.Y. 802 Court N.Y. Decision date 1952-11-20 English

Contents

Majority

p. 802
In the Matter of the Claim of Francis J. Benz, Respondent, against Knights of St. John Club et al., Appellants. Workmen’s Compensation Board, Respondent.
Argued October 16, 1952;
decided November 20, 1952.
p. 803
J ohn F. Gates for appellants.
Nathaniel L. Goldstein) Attorney-General (Boy Wiedersum and Wendell P. Brown of counsel), for Workmen’s Compensation Board, respondent.

Order affirmed, with costs; no opinion.

Concur-: Loughran, Ch. J., Conway, Dye, Fuld and Froessel, JJ. Lewis and Desmond, JJ., dissent and vote to reverse and dismiss the claim on the ground claimant, an executive officer of the employer, excluded himself from compensation coverage pursuant to and in accordance with subdivision 6 of section 54 of the Workmen’s Compensation Law, as it then read.