Appellate Division of the Supreme Court of New York, 1963

Claim of Morehouse v. Town of Bolton

Claim of Morehouse v. Town of Bolton
Appellate Division of the Supreme Court of New York · Decided June 27, 1963
19 A.D.2d 665
Claim of Morehouse v. Town of Bolton

Opinion of the Court

In this second-injury case, appellants rely solely on the testimony of the employer’s foreman but this was merely that he knew that claimant “ had a back condition before ”; and, on cross-examination, he admitted that he did not “consider it” when hiring claimant. Thus, there is no proof that the employer hired claimant as a handicapped person or, indeed, that he could know or infer either the nature of the back condition or its permanency. (Matter of Vance v. Ormsby, 6 A D 2d 960; Matter of Weinberger v. Zeibert é Sons, 2 A D 2d 908.) Contrary to appellants’ contention, the decision was made and signed by a board panel, but as appellants were not furnished with a complete copy thereof prior to printing of the record we do not award costs. Decision unanimously affirmed, without costs. Present — Bergan, P. J., Coon, Gibson, Herlihy and Reynolds, JJ.

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