From Casetext: Smarter Legal Research

Matter of Stallone v. Liebmann Breweries

Court of Appeals of the State of New York
Nov 16, 1961
179 N.E.2d 519 (N.Y. 1961)

Opinion

Submitted October 11, 1961

Decided November 16, 1961

Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department.

Bernard F. Farley for appellants.

Louis J. Lefkowitz, Attorney-General ( Daniel Polansky, Paxton Blair and Roy Wiedersum of counsel), for Workmen's Compensation Board, respondent.



Order affirmed upon the memorandum in the Appellate Division, with costs to respondent Workmen's Compensation Board. No opinion.

Concur: Chief Judge DESMOND and Judges DYE, BURKE and FOSTER. Judges FULD, FROESSEL and VAN VOORHIS dissent and vote to reverse and to remit the matter to the Workmen's Compensation Board in the following memorandum: The result achieved by this affirmance is so unreasonable, the amount of compensation allowed so out of line with earnings received, that we cannot believe that the Legislature ever intended such a construction as has here been given of subdivision 3 of section 14 of the Workmen's Compensation Law, particularly in the light of the provisions of subdivision 6 of section 15.


Summaries of

Matter of Stallone v. Liebmann Breweries

Court of Appeals of the State of New York
Nov 16, 1961
179 N.E.2d 519 (N.Y. 1961)
Case details for

Matter of Stallone v. Liebmann Breweries

Case Details

Full title:In the Matter of the Claim of GEORGE STALLONE, Respondent, v. LIEBMANN…

Court:Court of Appeals of the State of New York

Date published: Nov 16, 1961

Citations

179 N.E.2d 519 (N.Y. 1961)
179 N.E.2d 519
223 N.Y.S.2d 519

Citing Cases

Matter of Marlin v. Y N Cab Corporation

In the latter employment he was injured. The board has followed the authorized method (Workmen's Compensation…

Matter of Goldsmith v. Terminal System, Inc.

The board has computed his weekly wage pursuant to subdivision 3 of section 14 Work. Comp. of the Workmen's…