Appellate Division of the Supreme Court of New York, 1943

Claim of Gentner v. Rice

Claim of Gentner v. Rice
Appellate Division of the Supreme Court of New York · Decided January 13, 1943
265 A.D. 1020; 38 N.Y.S.2d 931; 1943 N.Y. App. Div. LEXIS 6664
Claim of Gentner v. Rice

Opinion of the Court

*1021Hill, P. J., Crapser, Heffernan and Schenck, JJ., concur; Bliss, J., dissents upon the ground that at the time of the first hearing there was on file with the Industrial Commissioner, and therefore before the referee and all parties, written notice that the carrier was controverting the case upon the ground that the notice of claim was not filed within the statutory period. This was ample compliance with section 28 of the statute and there was no waiver by the carrier of this objection.

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