New York Court of Appeals, 1940

Matter of Braiter v. Addie Co.

Matter of Braiter v. Addie Co.
New York Court of Appeals · Decided March 5, 1940 · <italic>Per Curiam.</italic>
26 N.E.2d 277; 282 N.Y. 326; 1940 N.Y. LEXIS 1004 (North Eastern Reporter, Second Series)

Matter of Braiter v. Addie Co.

Opinion of the Court

Per Curiam.

In the absence of proof that an employment certificate, vacation work permit or a certificate of age was on file in the place of claimant’s employment (Labor Law [Cons. Laws, ch. 31], §§ 131, 132), it is no defense to a claim for double compensation under section 14-a of the Workmen’s Compensation Law (Cons. Laws, ch. 67), by a claimant employed in violation of section 131 of the Labor Law, that the employer was not negligent in determining the age of the claimant at the time of employment. (Matter of Davidowicz v. Klipstein, 272 N. Y. 543; Matter of Kociolowicz v. Tonawanda Corrugated Box Co., 252 App. Div. 716; leave to appeal denied, 276 N. Y. 689.)

The order should be affirmed, with costs.

Lehman, Ch. J., Loughran Finch, Rippey, Sears, Lewis and Conway, JJ., concur.

Order affirmed.

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