Appellate Division of the Supreme Court of New York, 1942

Claim of DeMeo v. Nola Construction Co.

Claim of DeMeo v. Nola Construction Co.
Appellate Division of the Supreme Court of New York · Decided March 11, 1942
263 A.D. 1034; 33 N.Y.S.2d 530; 1942 N.Y. App. Div. LEXIS 7969
Claim of DeMeo v. Nola Construction Co.

Opinion of the Court

The insurance carrier appeals from an award. The only issue presented upon the. argument or in the briefs concerns coverage. The policy of insurance names the location *1035of the business as Laurelton, L. I. Claimant was injured at Farmingdale, L. I. Originally the notice of appeal prepared by the carrier named the employer Nola Construction Company as one of the appellants. By an order of this court upon the application of the employer, its name was stricken from the notice of appeal. The only respondents named in the notice are the chairman of the Industrial Board, the claimant and his attorney. The insurance carrier seeks to be relieved from liability and to have the award reversed as against it. Such result, the injury being unquestioned, would make the employer liable for the award. The employer is not a party to the appeal. Appeal dismissed, with costs to "the State Industrial Board. Present — Hill, P. J., Crapser, Bliss, Schenek and Foster, JJ.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.