Legal Opinion
Claim of Sienko v. Bopp & Morgenstern
Appellate Division of the Supreme Court of the State of New York
Decided January 17, 1928Published
1Opinion of the CourtVan Kirk, J.
The award is to the widow of Anton Sienko, who bn December 11, 1922, sustained injuries which arose out of and in the course of his employment. On May 19, 1923, he filed an election t'o sue a third party, with a claim “ for compensation for any deficiency»” The third party action was begun and was *399pending when, on July 18, 1925, Sienko died from causes not related to the injuries sustained. In consequence the claim for death benefits, filed by the widow in May, 1926, failed, but she was given an award for compensation due to the deceased at the time of his death. The appeal is from this award.
2Cases cited7 opinions
- Claim of Hughes v. Trustees of St. Patrick's CathedralNew York Court of Appeals · 1927
- Claim of McKee v. WhiteAppellate Division of the Supreme Court of the State of New York · 1926
- Matter of McKee v. WhiteNew York Court of Appeals · 1927
- Matter of Terry v. . General Electric Co.New York Court of Appeals · 1921
- Matter of Bogold v. Bogold Brothers, Inc.New York Court of Appeals · 1927
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