Legal Opinion
Mitchell v. Adam Hat Stores, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided February 25, 1952PublishedCited by 4 opinions
1Opinion of the Court
The recitation in the order of the Compensation Board that appellant was a special employer is not binding in the light of the fact that it was made after all compensation had been paid by the general employer as to whom the claimant alone sought redress. No refund nor apportionment of the award is directed to be made. The determination was unnecessary and academic and was not binding. (Donahue v. New York *878Life Ins. Co., 259 N. Y. 98, 102.) Irrespective of the conclusive effect of the determination, however, the appellant, on the undisputed proof was the special employer of the plaintiff wife…
2Cases cited3 opinions
- Matter of De Noyer v. . CavanaughNew York Court of Appeals · 1917
- Donahue v. New York Life InsuranceNew York Court of Appeals · 1932
- Matter of Dennison v. Peckham Road Corp.New York Court of Appeals · 1946
3Cited by4 opinions
- Doboshinski v. Fuji Bank, Ltd.Appellate Division of the Supreme Court of the State of New York · 1980
- Kazmercik v. GobleAppellate Division of the Supreme Court of the State of New York · 1959
- Cheikin v. Jones Beach State Parkway AuthorityNew York Court of Claims · 1960
- Claudio v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 1981