Opinion

Claim of Surdi v. Premium Coal & Oil Co.

437 N.Y.S.2d 78 · New York Court of Appeals · Jan 8, 1981

Full text

In the Matter of the Claim of Sam Surdi v. Premium Coal and Oil Co., Inc., Workers' Compensation Board

[862] 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.

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Metadata

Status: Published
Author
Judges: Not listed
Cluster ID: 5684791

Citations

437 N.Y.S.2d 78
1981 N.Y. LEXIS 2182
52 N.Y.2d 860
418 N.E.2d 671

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