Claim of Stern v. Electrol, Inc.
Cases that cite this one
5 later published cases cite this decision.
- In re the Claim of Levine (Appellate Division of the Supreme Court of New York 1998)
- Claim of McLaughlin v. Saga Corp. (Appellate Division of the Supreme Court of New York 1997)
- Michicich v. Curtains (Appellate Division of the Supreme Court of New York 1988)
- Claim of Allen v. Bausch & Lomb, Inc. (Appellate Division of the Supreme Court of New York 1987)
- Broadway Maintenance Corp. v. S & R Lincoln Mercury, Inc. (Nassau County District Court 1965)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
It is conceded that July 14, 1953 was the last day upon which the claim for reimbursement could be timely “filed” (Workmen’s Compensation Law, § 15, subd. 8, par. [f]) and appellants contend that the statute was complied with by mailing of the claim on that day; with the result that it was received by the board, and by the Fund as well, on July 15, 1953. The term “filed” as used in the section cited cannot properly be equated with “ mailed ” or “ served by mail ”. The distinction is substantial and material in legal meaning and effect and in common parlance as well. (See, e.g., Matter of Cheesman v. Cheesman, 236 N. Y. 47, 49, and Appellate Division decision, 203 App. Div. 533, 535-536, revd. on other grounds 236 N. Y. 47, supra; Albany Bldrs. Supply Co. v. Eastern Bridge & Structural Co., 235 N. Y. 432, 437; Sweeney v. City of New York, 225 N. Y. 271, 275.) Decision unanimously affirmed, with costs to respondent Special Disability Fund. Present — Bergan, P. J., Coon, Gibson, Herlihy and Taylor, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.