New York Court of Appeals, 1974

Claim of Burnett v. Borden Chemical Division Borden, Inc.

Claim of Burnett v. Borden Chemical Division Borden, Inc.
New York Court of Appeals · Decided November 14, 1974
35 N.Y.2d 766; 320 N.E.2d 865; 362 N.Y.S.2d 148; 1974 N.Y. LEXIS 1228

Claim of Burnett v. Borden Chemical Division Borden, Inc.

Opinion of the Court

Order affirmed, without costs. The issue on this record whether claimant was a five-day worker or a six-day worker was a question of ultimate fact although the underlying facts were undisputed, and, because there was substantial evidence supporting the board’s finding that he was a five-day worker, its finding is invulnerable.

Concur: Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Babin and Stevens.

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