Opinion

Claim of Stemman v. Roosevelt Hotel, Inc.

272 A.D.2d 853 · Appellate Division of the Supreme Court of the State of New York · May 14, 1947

Full text

In the Matter of the Claim of Martin Stemman, against Roosevelt Hotel, Inc., Workmen's Compensation Board

Award of compensation. The evidence sustains the finding of the board both as to accident and excuse for failure to give notice. Award affirmed, with costs to the Workmen’s Compensation Board. Hill, P. J., Heffernan and Russell, JJ., concur; Brewster and Foster, JJ.,- dissent, upon the ground that there is no evidence which justifies a finding that the employer was not prejudiced by claimant’s failure to give notice to his employer. (Matter of Hynes v. Pullman Co., 223 N. Y. 342.)