Matter of Pessel v. Rh MacY & Co., Inc.

New York Court of Appeals October 23, 1973

Matter of Pessel v. Rh MacY & Co., Inc., 33 N.Y.2d 721 (N.Y. 1973)

304 N.E.2d 565; 349 N.Y.S.2d 995; 1973 N.Y. LEXIS 990

Opinion

Order affirmed, with costs to the Workmen’s Compensation Board, on the opinion at the Appellate Division.

Concur: Chief Judge Fuld and Judges Burke, Breitel, Gabrielli, Jones and Wachtler. Judge Jasen dissents and votes to reverse in the following memorandum: I would reverse the order of the Appellate Division and dismiss the claim on the ground that the record does not support a finding of ‘‘ suddenness of causation ” or ‘‘ suddenness of result ”, an essential element of a compensable industrial accident. (See Matter of Greensmith v. Franklin Nat. Bank, 21 A D 2d 576, affd. 16 N Y 2d 973.)

Reference

Full Case Name: In the Matter of Miriam Pessel, Respondent, v. R. H. MacY & Co., Inc. Et Al., Appellants. Workmen’s Compensation Board, Respondent
Cited By: 6 cases
Status: Published