Appellate Division of the Supreme Court of New York, 1941

Claim of Hut v. Lejack Holding Corp.

Claim of Hut v. Lejack Holding Corp.
Appellate Division of the Supreme Court of New York · Decided September 24, 1941
262 A.D. 978; 30 N.Y.S.2d 35; 1941 N.Y. App. Div. LEXIS 6764
Claim of Hut v. Lejack Holding Corp.

Opinion of the Court

Decedent was the janitor or superintendent of an apartment house. The sewer became clogged and the basement began to fill with water. When it was two or three feet deep decedent began to bail it out. During this active and additional work he became ill. Three days later he died from coronary sclerosis which a physician testified was caused by physical exertion in connection with bailing the water from the basement. Award unanimously affirmed, with costs to the State Industrial Board. Present — Hill, P. J., Bliss, Heffernan, Schenck and Foster, JJ.

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