Legal Opinion
Claim of Stern v. Electrol, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided April 4, 1963PublishedCited by 5 opinions
1Opinion of the Court
It is conceded that July 14, 1953 was the last day upon which the claim for reimbursement could be timely “filed” (Workmen’s Compensation Law, § 15, subd. 8, par. [f]) and appellants contend that the statute was complied with by mailing of the claim on that day; with the result that it was received by the board, and by the Fund as well, on July 15, 1953. The term “filed” as used in the section cited cannot properly be equated with “ mailed ” or “ served by mail ”. The distinction is substantial and material in legal meaning and effect and in common parlance as well. (See, e.g., Matter of…
2Cases cited4 opinions
- Sweeney v. . City of New YorkNew York Court of Appeals · 1919
- Claim of Cheesman v. CheesmanNew York Court of Appeals · 1923
- Albany Builders' Supply Co. v. Eastern Bridge & Structural Co.New York Court of Appeals · 1923
- Claim of Cheesman v. CheesmanAppellate Division of the Supreme Court of the State of New York · 1922
3Cited by5 opinions
- Claim of Allen v. Bausch & Lomb, Inc.Appellate Division of the Supreme Court of the State of New York · 1987
- In re the Claim of LevineAppellate Division of the Supreme Court of the State of New York · 1998
- Michicich v. CurtainsAppellate Division of the Supreme Court of the State of New York · 1988
- Broadway Maintenance Corp. v. S & R Lincoln Mercury, Inc.Nassau County District Court · 1965
- Claim of McLaughlin v. Saga Corp.Appellate Division of the Supreme Court of the State of New York · 1997