New York Court of Appeals, 1973

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

New York Court of Appeals · Decided October 23, 1973

33 N.Y.2d 721; 304 N.E.2d 565; 349 N.Y.S.2d 995; 1973 N.Y. LEXIS 990

Cases that cite this one

6 later published cases cite this decision.

Claim of McCabe v. Watertown Correctional Facility (Appellate Division of the Supreme Court of New York 2003)
Middleton v. Coxsackie Correctional Facility (N.Y. 1975)
Claim of Kozlowski v. Howard Sober, Inc. (Appellate Division of the Supreme Court of New York 1996)
Johannesen v. New York City Department of Housing Preservation & Development (N.Y. 1994)
Lynch v. Rockland County Department of Social Services (Appellate Division of the Supreme Court of New York 1986)
Claim of Cortese v. Rochester Products Division, G.M.C. (Appellate Division of the Supreme Court of New York 1982)

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

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.)

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