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In re the Claim of Di Sarro

308 N.Y. 996 Court N.Y. Decision date 1955-06-02 English

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p. 996
In the Matter of the Claim of Adam Di Sarro, Respondent, against Abraham Stone et al., Doing Business as Stone Liquor Distributors, et al., Appellants. Workmen’s Compensation Board, Respondent.
Argued April 21, 1955;
decided June 2, 1955.
p. 998
Charles P. Barre for appellants.
Jacob K. Javits, Attorney-General (Barry Pastor, Henry 8. Manley and Roy Wiedersum of counsel), for Workmen’s Compensation Board, respondent.

Order of the Appellate Division reversed and award of the Workmen’s Compensation Board annulled, with costs in this court and in the Appellate Division against the Workmen’s Compensation Board, and the claim dismissed upon the ground that there is an absence of substantial evidence to establish an industrial accident. No opinion.

Concur: Desmond, Fuld, Van Voobhis and Bubble, JJ. Conway, Ch. J., Dye and Fboessel, JJ., dissent and vote to affirm.