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Matter of Heller v. Moskowitz Lupowitz

Appellate Division of the Supreme Court of New York, Third Department
May 1, 1967
28 A.D.2d 581 (N.Y. App. Div. 1967)

Opinion

May 1, 1967


Appeal by the employer and its insurance carrier from a decision of the Workmen's Compensation Board which reversed a Referee's decision and found that claimant suffered injuries from an accidental fall. The sole issue upon this appeal is whether or not the testimony of the claimant is incredible as a matter of law. It is axiomatic that the question of credibility is a factual issue for the board. In the present case while another trier of the facts might find that the weight of the evidence favored appellants, nevertheless the claimant's version is substantial evidence which the board has elected to accept. Decision affirmed, with costs to the Workmen's Compensation Board. Gibson, P.J., Herlihy, Reynolds, Aulisi and Gabrielli, JJ., concur in memorandum by Herlihy, J.


Summaries of

Matter of Heller v. Moskowitz Lupowitz

Appellate Division of the Supreme Court of New York, Third Department
May 1, 1967
28 A.D.2d 581 (N.Y. App. Div. 1967)
Case details for

Matter of Heller v. Moskowitz Lupowitz

Case Details

Full title:In the Matter of the Claim of HYMAN HELLER, Respondent, v. MOSKOWITZ…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: May 1, 1967

Citations

28 A.D.2d 581 (N.Y. App. Div. 1967)

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