Claim of Speregon v. Downtown Delicatessen, Inc.

18 N.Y.2d 736 Court N.Y. Decision date 1966-09-29 English

Judges Concur: Chief Judge Desmond and Judges Fuld, Bubke, Bebgan and Keating. Judges Van Voobhis and Scileppi dissent and vote to reverse and to dismiss the claim upon the following ground: There ivas insufficient medical testimony to establish a causal relationship. The operating neurosurgeon testified to no causal relationship and the only evidence adduced to support it was by an expert witness qualified only in other fields whose opinion was purely speculative.

Majority

p. 736

In the Matter of the Claim of Edith Speregon, Respondent, v. Downtown Delicatessen, Inc., et al., Appellants. Workmen’s Compensation Board, Respondent.

Argued September 20, 1966;

decided September 29, 1966.

p. 737

Anne Powell, Joseph Dean Edwards and Ann W. Koenig for appellants.

Edwin Kaufman for claimant-respondent.

Louis J. Lefkowitz, Attorney-General (Julius Fell, Ruth Kessler Toch and Daniel Polanslcy of counsel) for Workmen’s Compensation Board, respondent.

Order affirmed, Avith costs; no opinion.

p. 738

Concur: Chief Judge Desmond and Judges Fuld, Bubke, Bebgan and Keating. Judges Van Voobhis and Scileppi dissent and vote to reverse and to dismiss the claim upon the following ground: There ivas insufficient medical testimony to establish a causal relationship. The operating neurosurgeon testified to no causal relationship and the only evidence adduced to support it was by an expert witness qualified only in other fields whose opinion was purely speculative.