Claim of Surdi v. Premium Coal & Oil Co.
Claim of Surdi v. Premium Coal & Oil Co.
52 N.Y.2d 860; 418 N.E.2d 671; 437 N.Y.S.2d 78; 1981 N.Y. LEXIS 2182
Claim of Surdi v. Premium Coal & Oil Co.
Opinion of the Court
Order reversed, with costs, and the penalty fixed by the referee reinstated for reasons stated in the dissenting memorandum by Presiding Justice A. Franklin Mahoney at the Appellate Division (71 AD2d, at p 965), to which we add only that as in Kurcsics v Merchants Mut. Ins. Co. (49 NY2d 451, 459) so here the issue is one of legislative intent rather than administrative expertise.
Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.