Claim of Stemman v. Roosevelt Hotel, Inc.

Award of compensation. The evidence sustains the finding of the board both as to accident and excuse for failure to give notice. Award affirmed, with costs to the Workmen’s Compensation Board. Hill, P. J., Heffernan and Russell, JJ., concur; Brewster and Foster, JJ.,- dissent, upon the ground that there is no evidence which justifies a finding that the employer was not prejudiced by claimant’s failure to give notice to his employer. (Matter of Hynes v. Pullman Co., 223 N. Y. 342.)