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Claim of Farber v. Harbor Shoes Co.

10 N.Y.2d 875 Court N.Y. Decision date 1961-10-19 English

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p. 875
In the Matter of the Claim of Sonia Farber, Respondent, v. Harbor Shoes Company, Inc., et al., Appellants. Workmen’s Compensation Board, Respondent.
Argued October 10, 1961;
decided October 19, 1961.
p. 876
Kenneth K. Floyd and Philip J. Caputo for appellants.
Louis J. Lefkowitz, Attorney-General (Jorge L. Gomez, Paxton Blair and Roy Wiedersum of counsel), for Workmen’s Compensation Board, respondent.
No appearance for claimant-respondent.

Order reversed and matter remitted to the Workmen’s Compensation Board for a new hearing. The hypothetical question addressed to the physician who testified for this claimant, and on which he based his opinion, included assumptions as to the

p. 877
events of February 1, 1957 which, in part, were not based on evidence and, in other respects, were based on uncorroborated hearsay testimony of claimant (Workmen’s Compensation Law, § 118). No opinion.

Concur: Chief Judge Desmond and Judges Dye, Fuld, Froessel, Van Voorhis, Burke and Foster.