Appellate Division of the Supreme Court of New York, 1930

Claim of Ezeckel v. Saperstein

Claim of Ezeckel v. Saperstein
Appellate Division of the Supreme Court of New York · Decided November 15, 1930
231 A.D. 771
Claim of Ezeckel v. Saperstein

Opinion of the Court

Award reversed and claim dismissed as against the insurance carrier, with costs against the State Industrial Board, on the ground that by the terms of the policy the accident was not within the risk and location covered by the terms of the policy. (Matter of Pettit v. Reges, 242 N. Y. 272; Matter of Mille v. La Sala Bros., 225 App. Div. 714; Matter of Powers v. Scully, Id. 714.) As against the employer the award is affirmed. Hinman, Acting P. J., Davis and Whitmyer, JJ., concur; Hill, J., dissents and votes for affirmance as against the employer and the insurance carrier; Hasbrouek, J., not voting.

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