Appellate Division of the Supreme Court of New York, 1935

Claim of Ostroff v. Kipnis Bros. Radiator Corp.

Claim of Ostroff v. Kipnis Bros. Radiator Corp.
Appellate Division of the Supreme Court of New York · Decided January 15, 1935
243 A.D. 659
Claim of Ostroff v. Kipnis Bros. Radiator Corp.

Opinion of the Court

Claimant’s weekly wage was fixed at forty-six dollars and sixteen cents. After the accident it was twenty-five per cent less. An award of eight dollars, being the minimum under subdivision 6 of section 15 of the Workmen’s Compensation Law, was made instead of seven dollars and sixty-nine cents, which is sixty-six and two-thirds per cent of the diminution. Award unanimously affirmed, with costs to the State Industrial Board. Present — Hill, P. J., Rhodes, MeNamee, Crapser and Heffeman, JJ.

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