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Claim of Roettinger v. Great Atlantic & Pacific Tea Co.

13 N.Y.2d 1102 Court N.Y. Decision date 1963-12-30 English

Contents

Majority

p. 1102
In the Matter of the Claim of Henry Roettinger, Respondent, v. Great Atlantic & Pacific Tea Company et al., Appellants. Workmen’s Compensation Board, Respondent.
Argued November 20, 1963;
decided December 30, 1963.
p. 1103
Gerard L. Peace and Urban S. Mulvehili for appellants,
Louis J. Lefkowitz, Attorney-General (Harry Rackow, Paxton Blair and Darnel Polansky of counsel), for Workmen’s Compensation Board, respondent.
No appearance for claimant-respondent.

Order affirmed, with costs to respondent Workmen’s Compensation Board; no opinion.

p. 1104
Concur: Chief Judge Desmond and Judges Dye, Fuld, Burke, Foster and Scileppi. Judge Van Voorhis dissents and votes to reverse and to dismiss the claim upon the ground that there is no substantial evidence that the award is based on any occupational disease.