New York Court of Appeals, 1967

Sivertsen v. State

New York Court of Appeals · Decided February 23, 1967 · Claim No. 39986 · Fuld

19 N.Y.2d 698; 225 N.E.2d 572; 278 N.Y.S.2d 886; 1967 N.Y. LEXIS 1711

Cases that cite this one

9 later published cases cite this decision.

Tatrai v. Presbyterian University Hospital (Pa. Super. Ct. 1981)
Deller v. Naymick (W. Va. 1986)
Suburban Hospital, Inc. v. Kirson (Md. 2000)
Albert Roloff v. Arabian American Oil Company (2d Cir. 1970)
Litwak v. Our Lady of Victory Hospital of Lackawanna (Appellate Division of the Supreme Court of New York 1997)
Firestein v. Kingsbrook Jewish Medical Center (Appellate Division of the Supreme Court of New York 1988)
Linzee v. State of New York (N.Y. Ct. Cl. 1983)
Weber v. State (N.Y. Ct. Cl. 1980)
Stevens v. County of Nassau (Appellate Division of the Supreme Court of New York 1977)

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

Order of Appellate Division reversed, with costs, and matter remitted to that court for determination of the questions of fact. Under the rule in Volk v. City of New York (284 N. Y. 279) claimants were entitled to make their claims based on common-law negligence (see, also, Robison v. State of New York, 263 App. Div. 240, 266 App. Div. 1054, affd. 292 N. Y. 631).

Concur: Judges Van Voorhis, Bergak, Keating and Breitel. Chief Judge Fuld dissents and votes to affirm in the following opinion in which Judges Burke and Scileppi concur.

Dissenting Opinion

Chief Judge Fuld

(dissenting). It seems to me, as it did to the Appellate Division, that the injuries suffered by the claimant arose out of and in the course of her employment. Accordingly, her sole recourse was to proceed under the Workmen’s Compensation Law, and I agree with the reasons given by the Appellate Division in reaching that result.

The injury resulting from the claimant’s fall from the stretcher may not be said to be a risk not a part of, or incidental to, her employment. To the extent that Volk v. City of New York (284 N. Y. 279) points a different conclusion, I would overrule it. (See Balancio v. United States, 267 F. 2d 135, 137.) The concept of what constitutes an act arising out of and in the course of employment has been considerably broadened in the 27 years since our decision in that case.

I would affirm the order appealed from.

Order reversed, etc.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.